RAMESHBHAI GEMARBHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate for the appellants accused Mr. Himanshu M. Padhya and learned Additional Public Prosecutor Mr. Hardik Soni for the respondent - State.

(2.) The appellant accused No. 1 - Rameshbhai Gemarbhai Koli has expired. Learned Advocate places before this Court a copy of the Death Certificate of Rameshbhai Gemarbhai Koli which is ordered to be taken on record. Therefore, the appeal qua the appellant accused No. 1 is abated.

(3.) By way of this Appeal, the Appellant accused have felt aggrieved by the judgment and order of conviction and sentence dtd. 7/1/2009 passed by the learned Presiding Officer and Additional Sessions Judge, 2nd Fast Track Court, Deesa Camp at Deodar, in Sessions Case No. 46/2007 whereby both the appellants were convicted for the offence punishable under Ss. 302 read with Sec. 34 of the Indian Penal Code and were sentenced to undergo imprisonment for life and fine of Rs.10,000.00 each and in default of payment of fine, rigorous imprisonment for one year.