STATE OF GUJARAT Vs. VALKUBHAI BABUBHAIVALA

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment and the order dtd. 21/1/2010 in Sessions Case No.144 of 2008 passed by the learned Presiding Officer and Additional Sessions Judge, Fast Track No.5, Rajkot (hereinafter referred to as 'the learned Trial Court'), whereby, the learned Trial Court has acquitted the respondents - accused from the offences punishable under Ss. 323, 324, 186 and 34 of the Indian Penal Code (hereinafter referred to as 'the IPC') and under Sec. 135 of the B.P.Act. The respondents are hereinafter referred to as 'the accused' as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.

(2.) During pendecy of the present appeal, the respondent No.1 - original accused No.1 Valkubhai Babubhai Vala has expired on 19/4/2023. Copy of the death certificate is produced and the same is taken on record, and hence, the present appeal qua respondent No.1 herein - original accused No.1 stands disposed of as infructuous.

(3.) The relevant facts leading to filing of the present appeal are as under: