State Of Gujarat vs Patni Jagabhai @ Jago Mafabhai
2022 Latest Caselaw 1309 Guj

     R/CR.A/561/2007                                ORDER DATED: 04/02/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL APPEAL NO. 561 of 2007

                                     With
                       R/CRIMINAL APPEAL NO. 235 of 2007
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                              STATE OF GUJARAT
                                    Versus
                       PATNI JAGABHAI @ JAGO MAFABHAI
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Appearance:
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for the Appellant(s) No. 1
UNSERVED EXPIRED (N) for the Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                Date : 04/02/2022

                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE S.H.VORA)

1. Vide order dated 1.2.2007 passed by the learned Addl. Sessions Judge, Patan, accused Patni Jagabhai @ Jago Mafabhai came to be acquitted from the offence of charge punishable u/s 302 of the IPC, but came to be convicted under Part II of section 304 of the IPC. Feeling aggrieved by the judgment of acquittal so far as offence punishable u/s 302 of the IPC is concerned, the State has preferred Criminal Appeal No.561 of 2007 and accused Patni Jagabhai @ Jago Mafabhai had preferred Criminal Appeal No.235 of 2007 against conviction.

2. Pending hearing of both the appeals, sole accused Patni Jagabhai @ Jago Mafabhai expired on 4.7.2020. Concerned A.S.I., "B" Division Police Station, Patan forwarded such report along with death certificate registered with Patan Nagarpalika. From the death certificate, it appears that the same is registered

R/CR.A/561/2007 ORDER DATED: 04/02/2022

on 14.9.2020 and obtained by the concerned police station on 6.9.2021.

3. In light of this position, both the appeals preferred by the State and accused Patni Jagabhai @ Jago Mafabhai stand abated.

(S.H.VORA, J)

(SANDEEP N. BHATT,J) SHEKHAR P. BARVE