(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 19. 10. 1991 passed by the learned Special Sessions Judge in Special Case No. 6/1986, whereby the accused have been acquitted of the charges leveled against them.
(2.) MR. Joshi for Mr PM Thakkar has stated that the accused no. 2 has expired on 26. 6. 1997, and therefore, appeal qua accused no. 2 stands abated.
(3.) THE brief facts of the prosecution case are as under: