GAYATRIBA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset of hearing, learned senior advocate Mr.K.B.Anandjiwala has submitted that original accused-appellant No.1 & 3 i.e. Gayatriba W/o-Krishnasinh Parmar and Hansaben W/o- Sureshbhai Bavaji respectively have died. He has tendered death certificates. The same is ordered to be taken on record.

(2.) In view of the above, appeal qua appellant No.1 and 3 stands abated. Now, only appeal preferred by the appellant No.2-Prasannaba W/o- Dipaksinh Jadeja survives for consideration of this Court.

(3.) The present appeal has been filed by the appellant-accused against the judgment and order dated 09.04.2004 passed by learned Additional Sessions Judge, Rajkot in Sessions Case No.59 of 2002, whereby the appellant-accused were convicted for the offence punishable under Sections 305 and 109 read with Section 114 of the Indian Penal Code. The appellant-accused was convicted and sentenced to undergo rigorous imprisonment for a period of five years and ordered to pay fine of Rs.2000/-, in default, further simple imprisonment for six months for the offence under Sections 305 and 109 read with Section 114 of the Indian Penal Code. Accused was given benefit of set off.