State Of Gujarat vs Sureshbhai Shivubhai Kunkna
2023 Latest Caselaw 4995 Guj

    R/CR.A/168/2001                                ORDER DATED: 28/06/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CRIMINAL APPEAL NO. 168 of 2001
                                    With
                      R/CRIMINAL APPEAL NO. 312 of 2001

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                       STATE OF GUJARAT
                              Versus
              SURESHBHAI SHIVUBHAI KUNKNA & 1 other(s)
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Appearance:
MS SHRUTI PATHAK, APP for the Appellant(s) No. 1
MR ZUBIN BHARDA for the Opponent(s)/Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
       and
       HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 28/06/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

These two appeals are arising out of the same judgment

and order dated 24.01.2011 by so by Additional Sessions Judge,

Valsad in Sessions Case No.51 of 1993, by which the accused were

convicted for offence under Sections 376 and 506(1) of the Indian

Penal Code and ordered to undergo sentence of 4 years.

Criminal Appeal No.312 of 2001 is filed by the convicts

against the conviction recorded whereas Criminal Appeal No.168 of

2001 is filed by the State or enhancement of the sentence on the

ground that the sentence inflicted is lesser than the minimum

sentence prescribed under the provisions of law for the alleged

R/CR.A/168/2001 ORDER DATED: 28/06/2023

offence.

While the matters wer being heard at length, learned

APP has placed on record a subsequent development in the form of

the death certificates of one Suresh Shivlubhai Chaudhary and

Jhaverbhai Mangalbhai who have expired on 01.03.2008 and

31.10.2009 respectively. This would therefore indicates that the

convicted appellants have expired and therefore, both the appeals

would abate.

The appeals are disposed of accordingly.

(A.Y. KOGJE, J)

(HASMUKH D. SUTHAR,J) SHITOLE