CR.A/584/2000 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 584 of 2000 For Approval and Signature: HONOURABLE MR.JUSTICE R.P.DHOLAKIA HONOURABLE MR.JUSTICE KS JHAVERI ======================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ======================================================= KAGADA BHANGADA RATHWA - Appellant(s) Versus STATE OF GUJARAT - Opponent(s) ======================================================= Appearance : UNSERVED-EXPIRED (N) for Appellant(s) : 1, MR HL JANI APP for Opponent(s) : 1, ======================================================= CORAM : HONOURABLE MR.JUSTICE R.P.DHOLAKIA and HONOURABLE MR.JUSTICE KS JHAVERI Date : 19/09/2007 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE R.P.DHOLAKIA) CR.A/584/2000 2/2 JUDGMENT In pursuance of issuance of notice by this Court, We have received the report of the Principal District & Sessions Judge, Vadodara along with the report prepared by the Senior Police Sub-Inspector, Chhota Udepur dated 23.08.2007, writ issued by the registry of this Court and the death certificate dated 10.08.2007 issued by the Talati-cum-Mantri, Virpur Group Gram Panchayat, Taluka : Chhota Udepur, which are ordered to be taken on record. We have gone through the same and found that the appellant-accused viz., Kagada Bhangada Rathwa had expired on 10.09.2005 and his death has been registered with the Office of Birth & Death Registration on 12.09.2005. In view of the above, we hold that the present appellant-accused viz., Kagada Bhangada Rathwa, who has filed the present appeal and who was the only accused in Sessions Case No.59/1999 has expired. Hence, the present appeal is abated against the present appellant- accused viz., Kagada Bhangada Rathwa. (R.P.DHOLAKIA, J.) (K.S.JHAVERI, J.) /patil