Ram Hit Vishwakarma And Another vs State Of U.P.
2021 Latest Caselaw 8122 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 30
 

 
Case :- CRIMINAL APPEAL No. - 763 of 2004
 

 
Appellant :- Ram Hit Vishwakarma And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Mustafa Khan,Praveen Kumar Tripathi,Shrikant Misra
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Suresh Kumar Gupta,J.

Supplementary affidavit is taken on record.

Heard learned counsel for appellant, learned A.G.A. for the State and perused the material available on record.

Appellant Ram Hit Vishwakarma and Smt. Susheela have preferred this appeal challenging the impugned judgment and order dated 17.03.2004 passed by learned Additional Sessions Judge, Fast Track Court No. 2, Pratapgarh in Sessions Trial No. 79 of 2002 under Sections 498-A and 306 I.P.C. The appellants have been convicted for offences punishable under Section 498-A IPC and sentenced to undergo two years rigorous imprisonment and fine of Rs. 1,000/- each have also been imposed on them. Further appellants have been convicted for offence punishable under Section 306 IPC and sentenced to undergo three years imprisonment and fine of Rs. 1,000/- each have also been imposed on them.

At the very outset it is relevant to mention here that appellant no. 2 Smt. Susheela has expired on 03.12.2009. Therefore, appeal on her behalf was abated vide order dated 02.11.2020.

Learned counsel for appellant no. 1 as well as learned A.G.A. for the State has submitted that appellant no. 1 Ram Hit Vishwakarma has served out his sentence awarded by the trial court.

As per report of Jail Superintendent, District Jail Pratapgarh dated 5.7.2021 it reveals that on 5.7.2021 the appellant already serve out the maximum sentence awarded to him. As per said report, the incarceration period of the appellant on 5.7.29021 was three years, one month and two days.

Since the appellant served out his sentence as awarded by the trial court, so by efflux of time, this appeal has become infructuous.

Learned counsel for appellant has submitted that he does not want to press this appeal as the appellant served out his sentence awarded by the trial court as well as fine imposed upon him has also been deposited. In support of his submission, he has drawn attention of the Court towards Annexure No. 1 to the supplementary affidavit.

In view of the above, this appeal has become infructuous and the same is dismissed as such.

The Jail Superintendent, District Jail, Pratapgarh, is hereby directed to release the appellant Ram Hit Vishwakarma forthwith as he has served out his sentence.

Office is directed to communicate this order to the trial court concerned as well as Jail Superintendent, District Jail, Pratapgarh immediately.

Lower court record be sent back to the District Court concerned immediately for necessary compliance.

Order Date :- 16.7.2021

Virendra