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2020 Supreme(Guj) 5

BELA M.TRIVEDI, A.C.RAO
State of Gujarat – Appellant
Versus
Koli Kana Rashi – Respondent


Advocates Appeared:
For the Appellant : Mr. H.K. Patel, App
For the Respondent: Mr. M.C. Barot

JUDGMENT :

BELA M. TRIVEDI, J.

1. The present appeal was filed by the appellant-State under Section 378 of Cr.P.C against 15 respondents (original accused) challenging the judgment and order dated 14.07.1993 passed by the Additional Sessions Judge, Palanpur (hereinafter referred to as “the Sessions Court”) in Sessions Case No. 148 of 1990, whereby the Sessions Court had acquitted all the respondents-accused from the charges levelled against them under Section 147, 148, 149, 302, 324 of IPC and Section 135 of the Bombay Police Act. Pending the Appeal, as per the information received by the learned Advocate Mr. Barot, the respondent No. 1 Koli Kana Rashi, the respondent No. 2 Koli Babu Kana, Respondent No.8 Koli Dhana Bhaju, Respondent No.10 Koli Sadha Vibha, Respondent No.11 Koli Aju Vibha, Respondent No.13 Koli Masung Padkhan and Respondent No.14 Koli Mafa Masung have already expired. He has placed on record the death certificates of respondent Nos.1,2, 13 and 14, however the death certificates of other respondents being not available with him, the Court had recorded the said submission of Mr. Barot in order dated 18.12.2019. Though the Court had directed the learned APP to verify th

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