JUDGMENT :

1. By virtue of an order dated 25.08.2022 passed by this Court directing to issue the non-bailable warrant against the respondent Nos. 1, 4 and 5, the respondent Nos. 4 (Gadhavi Panuben @ Pushpaben D/o. Haridan Oghaddan) and 5 (Gadhavi Nimuben D/o. Haridan Oghaddan) are produced before the Court. So far as respondent No. 1 - Gadhavi Mahnardan (sic. Manhardan) Haridan is concerned, as per the report of the Police Sub Inspector, Harij Police Station dated 06.09.2022, which is produced on record, he is already expired as back as on 20.06.2020. A copy of death certificate is also annexed with the said report. In that view of the matter, the appeal is hereby abated qua respondent No. 1.

1.1 Further, it is pertinent to note that vide order dated 04.03.2020, the appeal was ordered to be abated qua respondent Nos. 2 and 3 as expired.

Prelude:

2. This is an appeal, at the instance of State, filed under Section 378(1) (3) of the Code of Criminal Procedure, 1973 (herein after referred to as "the Code"), assailing the judgment and order dated 10.07.2008, passed in Sessions Case No. 6