STATE OF GUJARAT Vs. RAVJIBHAI JETHABHAI PADHIYAR

JUDGEMENT

(1.) Learned Additional Sessions Judge, Vadodara, vide his judgment and order dated 16-8-1984 passed in Sessions Case No. 76 of 1984 acquitted all the four respondents for the offences under Secs. 302, 323, 324, 326 and 34 of Indian Penal Code. Aggrieved by the order of acquittal, the State preferred this appeal. At the outset, we may say that the appeal against respondent No. 1, Ravjibhai Jethabhai Padhiyar, who is the original accused No. 1, abates as he has already expired on 7-9-1987, that is, during pendency of this appeal. Mr. Budhbhatti, learned Advocate for the accused, has also produced xerox copy of the certificate dated 12- 11-1987 as an evidence about death of respondent No. 1. In view of this fact, the appeal qua respondent No. 1/original accused No. 1 abates and we need not to examine the evidence in relation to him.

(2.) This matter is notified at Sr. No. 7 in our Board for final hearing (acquittal matters) commencing from 22-1-1996. From the record, we found that the respondents though served are not represented by any lawyer and, therefore, we requested Mr. Budhbhatti, to appear as amicus curiae and assist the Court representing the case of the accused. We are thankful to Mr. Budhbhatti for readily accepting our request and arguing vehemently on behalf of the remaining respondents, namely, respondents Nos. 2, 3 and 4.

(3.) The matter was partly heard on 8-2-1996 and was adjourned for 15-2-1996 just with a view to secure presence of respondents. On 15-2-1996, Mr. H. D. Vasavada, learned Advocate, appeared and mentioned that though he had filed his appearance his name is not shown on the record and, therefore, was not able to remain present in Court when the matter was taken up. We have checked up record but do not find any reference for his appearance. However, he has not objected to the appearance of Mr. Budhbhatti as amicus curiae and joined him to proceed with the matter.