BHAGABHAI DEYALBHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of the judgment and order dated 29 -12 -1999 passed by the learned Additional Sessions Judge, Panchmahal at Godhra, in Sessions Case No.157 of 1997 whereby appellant -original accused No.1 was convicted and sentenced to undergo RI for four years and fine of Rs.200/ -, in default, to suffer further RI for six months for the offence punishable under section 306 of IPC and RI for two years and fine of Rs.100/ -, in default, to suffer further RI for three months for the offence punishable under section 498(A) of IPC. Both the sentences were ordered to run concurrently. He was given set off for the period undergone in jail. He was, however, acquitted for the offence punishable under section 506(2) and 114 of IPC. Original accused Nos.2 and 3 were acquitted for the charges levelled against them.

(2.) Criminal Appeal No.159 of 2000 has been filed by original accused No.1 against his conviction while Criminal Appeal No.422 of 2000 has been filed by State against acquittal of original accused Nos.2 and 3.

(3.) It may be noted that original accused No.3 - Veliben Dayalbhai Virabhai has expired during the pendency of this appeal on 2.9.2012. Xerox copy of the death certificate of original accused No.3 -Veliben Dayalbhai Virabhai is produced, which is taken on record. In view of the death of original accused No.3 -Veliben Dayalbhai Virabhai, Criminal Appeal No.422 of 2000 filed by the State stands abated qua her. Now Criminal Appeal No.422 of 2000 remains only qua original accused No.2 -Hirabhai Dayalbhai Vankar.