PARSINGBHAI MOHAMMADBHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this Appeal through the jail against the judgment and order of conviction and sentence dated 23.9.2005 passed by the learned Presiding Officer AND Additional Sessions Judge, Camp at Chhota Udepur, in Sessions Case No. 22 of 2005, whereby the learned Sessions Judge has convicted and sentenced the appellant. The learned Judge was pleased to sentence the appellant to undergo R.I. for five years and to pay a fine of Rs. 100/ -, in default, further S.I. for 15 days for the offence punishable under Section 304 (II) of the Indian Penal Code.

(2.) BEING aggrieved and dissatisfied with the aforesaid judgment and order, the present appeal has been preferred by the appellant through the jail.

(3.) TODAY , the matter is taken for final hearing and during the course of hearing, learned APP Mr. H.H. Parikh for the respondent submitted that the present applicant has been released on 9.12.2008 from the jail and, therefore, the appeal is now become infructuous. In support of his submission, he has produced jail report, which is ordered to be taken on record. Mr. Devang Dave, as amicus curiae, has also agreed with the submission of the learned APP.