SHIVSHANKAR HARJIVANRAI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Misc. Application No. 5662 of 2007 is filed by the applicants-heirs and legal representatives of the original accused-respondent in Criminal appeal No. 77 of 1995-Shivshankar harjivanrai Joshi for an appropriate order for abatement the proceedings of Criminal appeal No. 77 of 1995 in view of the death of original respondent-Shivshankar harjivanrai Joshi on 19-12-2006. Along with the application death certificate issued by the competent authority of Botad Nagar-palika is annexed. Thus, it appears that the original respondent in Criminal Appeal No. 77 of 1995 has expired during the pendency of criminal appeal.

(2.) CRIMINAL Appeal No. 77 of 1995 is filed by the State of Gujarat under Section 378 (1) (3) of the Criminal Procedure Code challenging the judgment and order of acquittal dated 27-10-1994 passed by the learned Special Judge, Bhavnagar in Special (ACB)Case No. 1 of 1998 acquitting the respondent-original accused for the offences punishable under Section 161 of the Indian penal Code and Section 5 (2) of the Prevention of Corruption Act.

(3.) MR. Joshi, learned Advocate appearing on behalf of M/s. Thakkar Associates appearing on behalf of the applicants-heirs of the original accused has vehemently submitted that in view of Section 394 of the criminal Procedure Code there is no other discretion with the Court but to pass an order of abatement of proceedings of Criminal appeal No. 77 of 1995 on the death of the original accused.