STATE OF GUJARAT Vs. ALIMAHMAD ISMAIL

JUDGEMENT

(1.) By means of filing the present appeal under Section 378 of the Code of Criminal Procedure, 1973, the State has assailed the order of acquittal passed by the learned Additional Sessions Judge, District Kachchh at Bhuj in Sessions Case No. 8 of 1985 decided on 31.3.1986.

(2.) By the judgment under challenge, learned trial Judge acquitted the accused from the charge of offences punishable under Sections 147, 148, 149, 302, 324, 325, 323, 504 and 506(2) of Indian Penal Code (hereinafter referred as Sthe IPC for short).

(3.) In the present case, initially, the charge was framed but, thereafter, it was altered and each accused have been charged for each distinct offence they have allegedly committed. It is on record that accused No. 5 had expired on 1st September, 2001 and, therefore, the appeal shall have been dealt with accordingly treating it abatted qua respondent No. 5 (original accused No. 5).