STATE OF GUJARAT Vs. VITTHALBHAI SOMABHAI

JUDGEMENT

(1.) THIS appeal is placed on Board on the note filed by Mr.Yatin Soni, learned Advocate appearing on beahlf of the respondent original accused Vitthablbhai Somabhai Patel (now deceased) for an appropriate order for abatement of criminal appeal on his death on 03.01.2008. Death certificate of the original accused Vitthalbhai Somabhai Patel who has expired on 03.01.2008 is placed on record.

(2.) IT appears that said certificate has been issued by the appropriate authority of Boravi Nagarpalika confirming that original accused Vitthalbhai Somabhai Patel has expired on 03.01.2008.

(3.) THIS is an appeal under Section 378(1)(3) of the Criminal Procedure Code ('Cr.P.C.' for short) challenging the judgment and order of acquittal dated 30.10.2004 passed by the learned Special Judge, Fast Track Court No.6, Mehsana in Special Case (ACB) No.3 of 1999 acquitting the respondent original accused Vitthalbhai Somabhai Patel, Assistant Director of Agriculture, Mehsana for the offences punishable under Sections 7, 13(1)(d)(1)(2)(3) and Section 13(2) of the Prevention of Corruption Act.