Phool Singh vs State of Madhya Pradesh

This appeal under Section 374(2) of Criminal Procedure Code has been filed by the appellant being aggrieved by the judgment of conviction

and order of sentence dated 16.7.2004 passed by Special Judge and First Additional District & Sessions Judge, Dhar in S.T. No. 64/99 whereby

the appellant has been convicted for the charge under Section 304-II of the Indian Penal Code and sentenced to R.I. for 7 years with fine of

Rs.10,000/-, in default of payment of fine R.I. for one year.

The trial Court has dealt with the facts of the prosecution case vividly, hence same needs no repetition.

Learned counsel for the appellant contends that the appellant is in jail since the date of judgment i.e. 16.7.2004 till today and he has not been

bailed out during this period. The appellant is in jail for last about 13 years and 6 months, therefore, he has served the entire sentence awarded to

him by the trial Court, therefore, nothing further survives in this appeal and this appeal has rendered infructuous.

Since the appellant has already served the entire sentence, therefore, this appeal has rendered infructuous. It is hereby dismissed as having been

rendered infructuous.

The appellant is in jail, therefore, the trial Court concerned as well as the jail authorities are directed to release him forthwith, if he is not required

in any other offence.

At the end, it is my duty to record words of appreciation in favour of Amicus Curiae, who assisted this Court in disposal of this appeal, which

was pending since 2004 and the appellant is in jail for last more than 13 years. His assistance is acknowledged.

Let a copy of this judgment be sent to the trial Court as well as to the jail authorities for communication and compliance.