AKIL KURESHI, BIREN VAISHNAV
Samir Sirajbhai Pathan – Appellant
Versus
State of Gujarat – Respondent
Akil Kureshi, J.
After completion of the arguments in these appeals, we had reserved the pronouncement of judgment. When the appeals were taken up for pronouncement of judgment, learned advocate Mr. Pawan Barot for Mr. P.B. Khanderia informed us that Digvijaysinh Balvantsinh Jadeja (original accused no.6) expired on 2.7.2017. He shall produce the death certificate on record by 31.8.2017. In view of this development, the State appeal as well as the appeal of the complainant qua original accused no.6 would abate.
2. These appeals arise out of a common judgment dated 1.11.2010 rendered by the learned Additional Sessions, Rajkot in Sessions Case no.88/2006. As many as 16 accused were tried for offences punishable under sections 302, 307, 143, 147, 148 34, 120-B and 201 of the Indian Penal Code and sections 25(1A), 25(1B) and 27 of the Arms Act and section 135 of the Bombay Police Act. Learned Judge acquitted all the accused, except accused no.7 Samir Sirajbhai Pathan. He was convicted for offences punishable under sections 302 and 341 of the IPC, section 135 of the Bombay Police Act and sections 25(1A) and 25(1B) of the Arms Act and sentenced to life imprisonment. The convicted
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