(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) 1. The present appeal arises against the judgement and order passed by the learned Addl. Sessions Judge in Special Atrocity Case No.54/2006, whereby the accused – respondent herein was acquitted for the offences under Section 323, Section 504, Section 506(2) of IPC read with Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
2. It has been reported by the Office that when the process of the appeal was attempted to be served, the information has been supplied by the concerned J.M.F.C., Patan that the accused - Patel Alkeshbhai Khemabhai has expired on 3.3.2010 and the copy of the death certificate is also forwarded.
3. Under these circumstances, as the original accused – respondent herein has expired, the appeal would not survive. Hence, the appeal shall stand disposed of accordingly. The Office Note is also disposed of.
(Jayant Patel, J.) (Paresh Upadhyay, J.) vinod