(1.) Learned APP has tendered a report of the Police Inspector, Dhanera Police Station, dtd. 2/2/2024. The same is ordered to be taken on record.
(2.) The report reveals that the accused no.1 Devgar Keshgar Goswami has passed away on 28 th April 2023. The death certificate is also produced along with the report. Hence, the present appeal abates so far as the accused no.1 is concerned. The present appeal now survives against the accused nos.2, 3, 5, 7 and 8. The other accused nos.1, 4 and 6 have passed away.
(3.) The appeal is filed under the provisions of Sec. 378(1)(3) of the Code of Criminal Procedure, 1973, by the State challenging the judgment and order of acquittal of the accused dtd. 24/8/1999 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No.35 of 1998.