KALUBHAI MAGANBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE three appeals arise out of the judgment and order rendered by the City Sessions Court No. 4, in Sessions Case No. 205/1997, on 25. 04,2001. The appellant in Criminal Appeal No. 468/2001 was original accused No. 1, whereas the appellant in Criminal Appeal No. 508/2001 was original accused No. 4, and the appellant in Criminal Appeal No. 667/2001 was original accused No. 2 before the trial Court. All the appellants, along with accused Jagdishbhai Kalidas, came to be tried by the Sessions Court for the offences punishable under Sections 302, 325, 326 read with Section 114 of the Indian Penal Code by the judgment impugned.

(2.) AS per the prosecution case, the incident occurred on 8. 5. 1997 around 9. 00 P. M. , near the Health Department Quarters of Ahmedabad Municipal Corporation situated at Gomtipur, Ahmedabad. As per the prosecution case, all the four accused persons, armed with deadly weapons, assaulted Jayantibhai Chhaganbhai, Kamlesh Parshotambhai, Prakash Chimanlal, Anil Prabhudas and Chimanbhai Chhaganbhai. Chimanbhai Chhaganbhai ultimately died on 14. 5. 1997 while under treatment at the hospital for the injuries caused to him in the incident. In respect of the incident, F. I. R was lodged by Jayantibhai Chhaganbhai with Gomtipur Police Station, on the basis of which, an offence came to be registered and investigated. The investigating agency, having found sufficient material against the accused persons, filed charge sheet against all the four accused in the Court of learned Metropolitan Magistrate, Court No. 10, who, in turn, committed the case to the City Sessions Court, Ahmedabad, and Sessions Case No. 205/1997 came to be registered.

(3.) IT appears that accused No. 3, Jagdishbhai Kalidas has expired and has not preferred any appeal. It also appears that accused No. 4, Govindbhai Kalidas, who is appellant in Criminal Appeal No. 508/2001 has also expired, as per the details submitted by co. accused Kalubhai Mangabhai attested before the jail authorities on 30. 1. 2007 in respect of the application filed by Kalubhai Mangabhai for temporary bail. No heir or legal representative of the said appellant has approached this Court. Under the circumstances, Criminal Appeal No. 508/2001 would stand abated.