STATE OF GUJARAT Vs. CHAVADA PARESHKUMAR DAMJIBHAI

JUDGEMENT

(1.) The present Acquittal Appeal has been filed by the State under Sec. 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order dtd. 11/12/1998 passed by learned Sessions Judge, Mahesana (hereinafter referred to as "the Trial Court") in Session Case No.364 of 1997. By way of the impugned judgment and order, the accused have been acquitted of all the charges levelled against them under Ss. 302 , 323 , 504 , 34 of the Indian Penal Code, 1860 (hereinafter referred to as " IPC ") read with Sec. 135 of Bombay Police Act.

(2.) It has been reported to this Court that original accused No.1 Chavada Preshkumar Damjibhai died on 3/11/2022, whose death certificate was submitted by learned advocate Mr.M.C.Barot on record of the appeal, which was ordered to be verified. The report of the Police station concerned forwarded by Judicial Magistrate First Class, Kalol vide its letter 15/5/2024 confirmed the aforesaid facts. Thus, the present appeal qua respondent no.1 - accused no.1 stands abated.

(3.) The short facts of the prosecution case read as under:-