STATE OF GUJARAT Vs. SALIM ABBAS BANDA

JUDGEMENT

(1.) The State has preferred the present appeal under Sec. 378 of Code of Criminal Procedure against the judgment and order dtd. 26/9/1995 passed by the Additional Sessions Judge, Bharuch in Sessions Case No. 73 of 1995. By the impugned judgment and order, two accused persons who were tried for the charge of offence under Sec. 302 read with Sec. 34 IPC and Sec. 135 of the Bombay Police Act , were acquitted from the charge of Sec. 302 read with Sec. 34 of IPC, but convicted for offence under Sec. 304 Part-II of IPC.

(2.) We are informed that respondent No.2 has expired and hence, the appeal stands abated qua respondent No.2 and sofaras respondent No.1 is concerned, no appeal has been preferred against conviction and apparently, has undergone sentence. The case of the prosecution on the basis of the evidence of eye-witnesses, it is coming out on record that when two eye-witnesses; PW-3 and PW-4 have also given version, where this witnesses along with the deceased just came across the accused persons and when they questioned them about previous incident, present incident occurred, where allegedly respondent No.1 was attributed with an act of giving inflicting knife blow on the chest.

(3.) By order dtd. 27/4/2022, the Court has recorded that respondent No.2-Abbas Mahmed Adam Banda has expired on 23/5/1997 and thereafter upon production of the death certificate and its verification by order dtd. 13/6/2022, the appeal stood abated qua respondent-accused No.2. Respondent-accused No.1 who was a 19 years of age has already undergone the sentence inflicted by the impugned judgment and order and as per the jail report produced, the sentence was undergone on 13/8/1996.