JUDGMENT :

PRANAV TRIVEDI, J.

1. This appeal under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Code”) is directed against the judgment and order of acquittal dated 25.10.1996 passed by the learned Sessions Judge, Surat, in Sessions Case No. 142 of 1994, whereby the accused persons have been acquitted for the offences punishable under Sections 147, 149, 302, 324 read with Section 37(1) of the Indian Penal Code and Section 134 of Bombay Police Act.

2. While admitting the appeal, this Court has recorded thus:

“Leave granted. Appeal admitted. Bailable warrant in the sum of Rs. 2000/- be issued.”

2.1. Subsequent to admission of appeal, bailable warrant was issued on 05.08.2015, wherein the report indicated that respondent accused no. 2 had expired and, therefore, appeal qua respondent accused no. 2 stands abated.

3. After admitting the appeal, by way of order dated 29.03.2022, this Court had recorded thus:

“It appears that accused no. 1-Govindbhai Nathubhai Boria, accused no. 4-Kanubhai Nathubhai Boria, accused no. 7-Rajeshbhai Nathubhai Boria, accused no. 8-Jitubhai Sureshbhai Boria and accused no. 9-Shashibhai Valjibhai Boria have expired on 11.02.201