STATE OF GUJARAT Vs. ASHOKJI KHUSHALJI RANA

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. 3/1/2007 in Special Atrocity Case No.28 of 2006 passed by the learned Special Judge (Atrocity), Mehsana (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 , 504 and 114 of the Indian Penal Code (hereinafter referred to as 'the IPC ') and Sec. 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Atrocity Act').

(2.) As per the report submitted by the learned APP of Police Inspector Mr.P.D.Darji, Kheralu Police Station, the accused No.1 Ashokji Khushantji Rana has expired on 20/5/2017 and the accused No.2 Rajuji Hariji Rana has expired on 10/4/2010. The copies of the death certificates of both the accused Nos. 1 and 2 have been submitted along with the report of the Police Inspector, Kheralu Police Station and both the deaths have been registered, and hence, the appeal qua, the respondent Nos. 1 and 2 stand abated.

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