STATE OF GUJARAT Vs. AAMAD, AHEMAD ALI DAFER

JUDGEMENT

(1.) HEARD learned APP Mr.K.C.Shah for the appellant State and Mr.Pinakin Raval for Mr.Harshad Patel for the respondents. Leave to appeal granted. Appeal admitted. Mr.Raval waives for the respondents. At the request of learned advocates for the parties, the matter is taken up for final disposal.

(2.) THIS appeal is preferred by the State under Section 378(1)(3) of the Code of Criminal Procedure against the judgment and order delivered by Additional Sessions Judge and Fast Track Judge, Junagadh on 13.7.2004 in Sessions Case No.6 of 2000 and Sessions Case No.71 of 2003 whereby all the present respondents came to be acquitted for the charges levelled against them under Sections 302,397,394,307,506(2) and 34 of the Indian Penal Code and under Section 135 of the Bombay Police Act.

(3.) DURING the pendency of the appeal, a letter was received from Ahmedabad Central Jail dated 29.11.2006 informing the death of accused Khamisha Sahu Chavda Dafer which is taken on record. Accordingly, the appeal is abated against the said accused Khamisha Sahu Chavda Dafer.