State Of Gujarat vs Devisinh Kesarisinh Vaghela
2022 Latest Caselaw 2757 Guj

     R/CR.A/190/1996                                  ORDER DATED: 10/03/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL APPEAL NO. 190 of 1996

                               With
                 R/CRIMINAL APPEAL NO. 191 of 1996
                               With
           R/CRIMINAL REVISION APPLICATION NO. 20 of 1996
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                          STATE OF GUJARAT
                                Versus
                DEVISINH KESARISINH VAGHELA & 2 other(s)
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Appearance:
MS CM SHAH APP for the Appellant(s) No. 1
MR MEET MODI Advocate for applicant in CR.RA No.20 of 1996
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                Date : 10/03/2022

                                 ORAL ORDER

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

By way of captioned Criminal Appeals under Section 378 of the Code of Criminal Procedure, the appellant-State has challenged the judgment and order of acquittal passed on 20/11/1995 by the learned Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No.76 of 1992 and No.122 of 1992 against the respondents-original accused and so also the complainant has also challenged the same by way of preferring Criminal Revision Application No.20 of 1996.

2. As per report submitted by the Police Inspector, Tharad Police Station dated 09/03/2022, the respondent No.1-Devisinh Kesarisinh Vaghela expired on 13/08/2014; respondent No.2- Dhirsinh Devisinh Vaghela expired on 01/06/2019 and

R/CR.A/190/1996 ORDER DATED: 10/03/2022

respondent No.3-Janaksinh Madhavsinh Vaghela expired on 03/11/2001. Alongwith the report, learned APP has also produced the xerox copy of death certificates of the respondents-accused which are ordered to be taken on record.

3. Thus, in view of demise of all the respondents-accused, the captioned appeals preferred by the State shall stand abated.

4. Insofar as captioned Criminal Revision Application is concerned, which is preferred by the original complainant against the acquittal, in view of abatement of the appeals, the same would not survive and stands disposed of accordingly.

(S.H.VORA, J)

(SANDEEP N. BHATT,J) sompura