JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The appellant – State of Gujarat has preferred the present appeal under Section 378 of Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 20.5.1996 passed by the learned Additional Sessions Judge, Bhavnagar (hereinafter be referred to as “the trial Court”) in Sessions Case No. 186 of 1995, whereby the respondents-original accused were acquitted from the charges levelled against them under Sections 302, 324, 326, 34 etc. of the Indian Penal Code and Section 135 of the Bombay Police Act.

2. It appears that during the pendency of present appeal, respondent No.3 - original accused No.3 -Ahir Malabhai Mulubhai has expired on 25.8.2019 and therefore, this Court passed order dated 29.4.2022, abating present appeal qua said respondent No.3- original accused No.3 - Ahir Malabhai Mulubhai.

3. Present appeal came to be admitted vide order dated 30.10.2006, which reads as under:-

"Leave granted. Appeal admitted. Bailable warrant in the sum of Rs.5000/- with one surety in the like amount to be issued against each of the responde