VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal is by the accused in SC No. 6/2003 on the file of the learned Sessions Judge, Kodagu, Madikeri (hereinafter referred to as 'Trial Court' for short). He has challenged in this appeal the judgment and order of conviction dated 1-6-2006 passed in the said case convicting him for the offence punishable under Section 307, IPC and sentencing him to undergo R.I. for 7 years and also to pay fine of Rs. 2,000/- with default sentence of R.I. for a further period of six months.

(2.) On 5-8-2009, the learned counsel for the appellant-accused submitted that the presence of the accused before this Court may be secured by issuing body warrant against him as he requires his presence for seeking instructions from him on the question of sentence. Accordingly, body warrant was issued against the appellant-accused. In response thereto, the Superintendent of Central prison, Mysore, submitted his report that the accused, who was convicted for the offence under Section 307, IPC by the Trial Court in the said case came to be released from the prison on 9-7-2009 on his completion of the term of imprisonment and payment of fine of Rs. 2,000/- as imposed by the Trial Court.

(3.) Learned High Court Government Pleader submitted that since the appellant- accused has already been released from the prison on his completion of term of imprisonment, the present appeal deserves to be dismissed as having become infructuous.