Gujarat High Court

Rumaliyo Khumansingh Bamniya vs State Of Gujarat on 7 July, 2025

                                                                                                            NEUTRAL CITATION




                               R/CR.A/398/2025                              ORDER DATED: 07/07/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 398 of 2025
                                                     With
                        CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                                                   1 of 2025
                                     In R/CRIMINAL APPEAL NO. 398 of 2025

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                                                 RUMALIYO KHUMANSINGH BAMNIYA
                                                             Versus
                                                       STATE OF GUJARAT
                        ===============================================================
                        Appearance:
                        MR PV PATADIYA(5924) for the Appellant(s) No. 1
                        MS ASMITA PATEL, APP for the Opponent(s)/Respondent(s) No. 1
                        ===============================================================

                             CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                                        Date : 07/07/2025

                                                         ORAL ORDER

1. This Court, vide order dated 30.06.2025, had directed the learned APP to verify and ascertain the fact regarding the death of the present appellant - original accused no.1.

2. Today, learned APP Ms.Asmita Patel has tendered a copy of the postmortem examination report dated 12.05.2025 issued by the Department of Forensic Medicine & Toxicology, Medical College and S.S.G. Hospital, Vadodara, along with a copy of the death certificate of the present appellant-accused no.1, which are ordered to be taken on record.

3. The Criminal Appeal was filed by the present appellant- accused no.1 against the judgment and order of conviction and

NEUTRAL CITATION

R/CR.A/398/2025 ORDER DATED: 07/07/2025

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sentence dated 15.05.2023 passed by the learned Principal Sessions Judge, Bharuch, in Sessions Case No.06 of 2018, for the offence punishable under Sections 302, 307 and 114 of the Indian Penal Code, whereby the applicant was sentenced to undergo rigorous imprisonment for ten years alongwith a fine of Rs.5,000=00, and in default of making payment of fine, to undergo further simple imprisonment for five months.

4. Having gone through the averments made in the application and upon perusing the death certificate as well as the postmortem examination report of the appellant-accused no.1, it appears that the appellant-accused no.1 has expired on 12.05.2025. In view of the aforesaid factual aspect, the criminal appeal would not survive and the same stands abated.

5. In view of the abatement of the criminal appeal, the criminal miscellaneous application also stands disposed of accordingly.

(VIMAL K. VYAS, J.) /MOINUDDIN