GOVINDRAM PARSHURAM JETHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Service of rule is waived by learned Additional Public Prosecutor Shri M.A. Bukhari for the Respondent-State. By consent of the learned lawyers appearing for the parties, this application is taken up for its hearing and disposal today.

(2.) This application is moved by the heirs and legal representative of the deceased appellant who preferred Criminal Appeal No. 910 of 1987 under Sec. 374 of the Code of Criminal Procedure, 1973 (the CrPC for brief) against the judgment and order of his conviction and sentence passed by the learned Special Judge of Kutch at Bhuj on 27th November, 1987 convicting him of the offences under Sec. 161 of the Indian Penal Code, 1860 (the IPC for brief) and sec. 5(2) of the Prevention of Corruption Act, 1947.

(3.) This application is under sec. 394 of the CrPC. It empowers near relatives of the deceased appellant-accused to continue the appeal if leave is sought within one month from the date of the death of the appellant-accused. A copy of the death certificate of the appellant-accused is annexed to this application. It shows that the deceased appellant-accused breathed his last on 6th August, 1996. This application is made within one month therefrom on 6th September 1996. It is therefore very much within time.