STATE OF RAJASTHAN Vs. BHABOOT SINGH

JUDGEMENT

(1.) The instant appeal under Sec. 378 (iii) and (i) of the Code of Criminal Procedure (hereinafter referred to as "the Code") has been preferred by the State of Rajasthan, assailing the judgment dtd. 29/1/1990 passed by the Munsif and Judicial Magistrate, First Class, Barmer (hereinafter referred to as 'the trial Court') in Criminal Case No.279/85, whereby the accused-respondents were acquitted for the offences under Sec. 4 and 9 of the Opium Act, 1878 (hereinafter referred to as 'the Act of 1878').

(2.) Mr. Bhati, learned Public Prosecutor at the outset informs the Court that during pendency of the present appeal, respondent No.3 - Goma Ram has passed away.

(3.) Hence, the appeal qua respondent No.3 - Goma Ram is abated.