STATE OF GUJARAT Vs. BHUPATBHAI AND ORS.

JUDGEMENT

(1.) Mr. Chirag Parekh, learned advocate appearing for the respondents states that respondent No. 1 - Bhupatbhai alias Bhagat Tapubhai alias Jinabhai Bharwad has expired on 22.09.1999. The death certificate issued by Dr. N.H. Vasavada, Madhuram Hospital is also placed on record. Therefore, this appeal stands disposed of as having been abated qua respondent No. 1 - Bhupatbhai alias Bhagat Tapubhai alias Jinabhai Bharwad. So far as the respondents No. 2 to 4 (hereinafter referred to as 'the respondents') are concerned, we have heard learned advocates for both the sides at length.

(2.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 21.05.1993 passed by the Additional Sessions Judge, Rajkot in Sessions Case No. 115 of 1989 whereby the trial court acquitted the respondents under Sections 307, 324, 326 r/w 114 of Indian Penal Code as well as under Sections 37(1) and 135 of B.P. Act

(3.) The brief facts of the prosecution case are that original accused No. 1 - present respondent No. 1 had hired a matador vehicle of the witness Narendra @ Babo Maganlal Lohana who was the friend of the complainant Laxman Jiva for which the witness Laxman asked Rs. 600/- as rent which was not being paid by original accused No. 1 - present respondent No. 1. The original accused No. 1 - present respondent No. 1 had an altercation in this regard with witness Narendra.