CR.A/386/1991 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 386 of 1991 For Approval and Signature: HONOURABLE MR.JUSTICE J.R.VORA HONOURABLE MR.JUSTICE M.R. SHAH ========================================= 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 ? ========================================= STATE OF GUJARAT Versus BHANJIBHAI GOVABHAI ========================================= Appearance : MR MR MENGDEY APP for Appellant ========================================= CORAM : HONOURABLE MR.JUSTICE J.R.VORA and HONOURABLE MR.JUSTICE M.R. SHAH Date : 09/04/2008 ORAL JUDGMENT:(Per : HONOURABLE MR.JUSTICE M.R. SHAH) CR.A/386/1991 2/3 JUDGMENT 1 The present Appeal is preferred by the State of Gujarat, under Section 378 of the Code of Criminal Procedure, challenging the judgment and order dated 11th of April, 1991, passed by learned Special Judge, Surendranagar, in Special Case No. 1 of 1988, acquitting the respondent herein original accused No.2 Bhanjbhai Govabhai, for the offences punishable under Sections 161, 165(A) of the Indian Penal Code and under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act,1988. 2 Shri M.R. Mengdey, learned APP, has stated that the sole respondent herein original accused No.2 Bhanjibhai Govabhai has died on 12th of March,1997 and a xerox copy of the death certificate of the said Bhanjibhai Govabhai is placed on record. He has also placed on record the statement of widow of Bhanjibhai Govabhai i.e. Kamlaben, recorded by Police Head Constable, Jetpur Taluka Police Station. He has also placed on record the communication dated 6.4.2008 by the Police Sub-Inspector, Jetpur Taluka Police Station, addressed to the Superintendent of Police, Rajkot-Rural, Rajkot, intimating with regard to the death of said Bhanjibhai Govabhai. All the aforesaid documents are directed to be taken on record. Hence, this Appeal is ordered to be abated considering the provision of Section 394 of the Criminal Procedure Code. 3 However, at the same time, it is also observed that while disposing of this Appeal, as having abated, this Court has not been able to consider the Appeal and impugned judgment and order on merits in view of the provisions of Section 394 of the Cr.P.C., therefore, it may not be construed that the judgment and order passed by the learned trial Court acquitting the respondent – accused is confirmed on merits. The CR.A/386/1991 3/3 JUDGMENT heirs of the deceased shall not be entitled to consequential other benefits, if any, automatically on disposal of the present Appeal as having abated and consequently confirming the judgment and order passed by the learned trial Court (not on merits). The heirs of the deceased accused persons shall not be permitted to claim arrears of wages only on the ground that the appeal has been abated on account of death of accused – respondent, automatically. At this stage, decision of the Hon'ble Supreme Court in the case of State of T.N. v/s. T.Thulasingam and ors. reported in 1994 Supp (2) SCC 405 (para – 83) is required to be referred to. 4. With these, present Appeal is dismissed as having abated. [J. R. Vora, J.] [M. R. Shah, J.] pnnair