STATE OF GUJARAT Vs. RAJUBHAI PARSHOTTAMBHAI KOLI PATEL

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. 9/12/2005 in Sessions Case No.15 of 2005 passed by the Presiding Officer, 4th Fast Track Court, Nadiad (hereinafter referred to as 'the Trial Court'), whereby, the Trial Court has acquitted the respondents - accused from the offences punishable under Ss. 452, 393, 398, 120(B) and 34 of the Indian Penal Code (hereinafter referred to as 'the IPC') and Sec. 25(1)(a)(b) of the Arms Act, 1959. 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.2 - original accused No.2 Rajubhai Babubhai Parmar has expired on 28/12/2024. Copy of the death certificate is produced and the same is taken is taken on record, and hence, the present appeal qua respondent No.2 herein - original accused No.2 stands disposed of as abated.

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