FAKHRULLAH Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant jail appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 24.03.2005 passed by the Sessions Judge, Siddharth nagar, in Sessions Trial No.318 of 2002 State of U.P. v. Fakhrullah , arising out of Case Crime No.211 of 2002, under Section 304 IPC, Police Station Mishrauliya, District Siddharth nagar whereby the accused-appellant has been sentenced to undergo eight years rigorous imprisonment.

(2.) Relevant to take note of fact that the present appellant who was sentenced to undergo eight years rigorous imprisonment in this case had suffered entire sentence and on that ground, he has been released on 12.02.2011 from District Jail, Siddharth nagar. This information has been communicated vide letter of the Superintendent, District Jail, Sidddharth nagar, dated 31.12.2016.

(3.) In view of above, though the present appellant has suffered the entire sentence but that by itself would not render this appeal ineffective or infructuous insofar as its merit is concerned. This appeal is alive for all purposes on its merit, therefore, it is being heard and disposed of on its merit.