DHIRAUBHA GULABSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals arise out of the judgment and order dated 9/4/1999 rendered by the Ld. Addl. Sessions Judge, Jamnagar, in Sessions Case No. 161/1996. Criminal Appeal No. 574 of 1999 came to be filed by the appellant Dhirubha Gulabsinh, who was original accused no. 3 in the aforesaid sessions case and came to be convicted for the offence punishable under section 302 of the Indian Penal Code [ipc] and was sentenced to undergo imprisonment for life and fine of Rs. 1,000/-, in default to undergo further simple imprisonment of one month. Being aggrieved and dissatisfied by the aforesaid order, original accused no. 3 Dhirubha Gulabsinh filed this appeal. However, in the impugned judgment, the Ld. Addl. Sessions Judge was pleased to acquit Vikramsinh Gulabsinh who was accused no. 2. Being aggrieved and dissatisfied by the acquittal recorded by the Ld. Addl. Sessions Judge, the State of Gujarat filed Criminal Appeal No. 612 of 1999. As both these appeals arise out of the same judgment, we deem it expedient to dispose of both these appeals by this common judgment.

(2.) THE case of the prosecution, in nut-shell, is as under :-

(3.) SO far as Criminal Appeal No. 574 of 1999 is concerned, learned advocate Ms. Sadhna Sagar for the appellant - original accused no. 3 - Dhirubha Gulabsinh, drew our attention to a latest development regarding one notification issued by the State Government and submitted that as the appellant - accused has crossed 65 years of his age, he was given benefit of the notification and he was released from jail on 6/10/2007. Learned advocate Ms. Sagar further submitted that as the appellant - Dhirubha was released from jail, the appeal preferred by Dhirubha being Criminal Appeal No. 574 of 1999 now carries only academic value and it is further submitted that appellant accused Dhirubhai Gulabsinh is not in service of the Government or any such undertaking of the Government wherein the conviction may come in his way for his vocation and, therefore, she does not press this appeal and requested that the appeal be disposed of accordingly. Ld. APP Ms. Panchal places on record copies of jail records regarding release of the accused Dhirubha Gulabsinh on the basis of the aforesaid notification. Considering the submission made by learned advocate Ms. Sagar, we deem it expedient to dispose of Criminal Appeal No. 574 of 1999 accordingly.