ORAL JUDGMENT

(Per : HONOURABLE MR.JUSTICE A.M.KAPADIA)

1. Instant criminal appeal under Section 378 of the Code of Criminal Procedure ('the Code' for short) is filed by the State of Gujarat against the judgment and order dated 30.1.1985 rendered in Sessions Case No.120 of 1984 by the learned Additional Sessions Judge, Mehsana acquitting respondent Nos.1 and 2/original accused Nos.1 and 2 as well as accused No.3 – Baluben wife of Gandaji Chelaji against whom appeal has not been field.

2. This Court vide order dated 19.6.1986 granted leave and appeal came to be admitted. Bailable warrant in the sum of Rs.2,000/- against each of the accused Nos.1 and 2 was issued.

3. After admission of the appeal, Mr. MH Shaikh, learned advocate had filed appearance on behalf of accused Nos.1 and 2.

4. At the time of final hearing of this appeal, it was brought to the notice of the court that Mr. MH Shaikh, learned advocate who had filed appearance on behalf of the respondents has died. This Court, therefore, vide order dated 14.6.2005 issued fresh notice to the accused Nos.1 and 2 intimating them about the demise of their learned advocate Mr. MH Shaikh. As per the endorsement made by the office, since