Rambabu @ Abhishesh Kevat And ... vs State Of U.P.
2023 Latest Caselaw 5027 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 

 
Case :- CRIMINAL APPEAL DEFECTIVE No. - 129 of 2023
 

 
Appellant :- Rambabu @ Abhishesh Kevat And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Roopesh Kumar Nigam
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Om Prakash Tripathi,J.

Order on Delay Condonation Application

Heard learned counsel for applicantS and learned A.G.A. for State.

This appeal has been preferred against the order of acquittal with the delay of 128 days.

No objection has been filed by learned A.G.A. for State.

Ground mentioned in affidavit filed in support of delay condonation application, is sufficient. Accordingly delay condonation application is allowed.

Delay in filing the application is condoned.

Office is directed to allot a regular number to this appeal.

Order on Criminal Appeal

This criminal appeal has been filed against the order of conviction dated 14.07.2022 passed by Special Judge SC/ST Act, Chitrakoot in Special Sessions Trial No. 34 of 2012, Special Session Trial No. 18 of 2013, Case Crime No. 723/2010, under Section 323 I.P.C., P.S.- Mau, District- Chitrakoot, whereby appellants have been convicted and sentenced for a terms of imprisonment which was served out earlier in jail under Section 323 I.P.C. and imposed fine of Rs. 1000/- and in case of non-payment of fine further 15 days additional rigorous imprisonment.

Admit.

Learned counsel for applicants-appellants submitted that trial court has acquitted appellant no. 1 for the offence under Section 452, 504, 506 I.P.C. and Section 3(1)(10) of SC/ST Act and acquitted the appellant no. 2 for offence punishable under Sections 452, 504, 506 I.P.C. Witnesses PW-6 & PW-7 had not supported the prosecution case and injury report of injured does not corroborate the prosecution version. There is no independent witness. Convicton of the appellants have not challenged before this court. So conviction of appellants under Section 323 is maintained.

So far as the sentence of appellants is concerned both the appellants were sentenced for a period undergone during trial and Rs.1000/- each with a fine and in default of payment of fine 15 days additional imprisonment. It is also submitted that after serving out the sentence, appellants are out of jail, it means appellants had served out the sentence already imposed by the trial court so this appeal has become infructuous and does not require any interference by this appellate court.

Accordingly, the instant criminal appeal is dismissed as infructuous in the aforesaid circumstances.

Compensation awarded under Section 357 Cr.P.C. should be provided to informant Harsh Chandra in case of deposit of fine.

Office is directed to send this order to the court concerned to ensure compliance.

Judgment be certified and be sent to trial court.

Consign.

Order Date :- 15.2.2023

Sharad/-