STATE OF GUJARAT Vs. SAHEBRAO UKHADU

JUDGEMENT

(1.) BY virtue of the judgment and order dated 07.11.1997, the respondent accused came to be acquitted by the learned Judicial Magistrate First Class, Valsad ('ld.Magistrate', for short) for the offence punishable under Section 66(1)(b) and Section 85(1)(3) of the Bombay Prohibition Act. Being aggrieved and dissatisfied by the impugned judgment and order passed by the ld.Magistrate, the State of Gujarat preferred this appeal under Section 378 of the Criminal Procedure Code, 1973.

(2.) WHEN the appeal came up for final hearing today, learned A.P.P. Mr.M.R. Mengde for the appellant State submitted that the respondent accused died pending this appeal on 26.08.1998. In support thereof, along with the forwarding letter of the concerned Police Officer, the copy of the death certificate, showing that the respondent accused had died on 26.08.1998 is produced.

(3.) IN the result, nothing more is required to be done, so far as this appeal is concerned. The appeal therefore stands abated and is accordingly disposed of. The forwarding letter of the concerned Police Officer along with the copy of death certificate be taken on record.