SANJAY Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, Washim, in Sessions Trial No. 20 of 2006 on 15.01.2007, thereby convicting the present appellant for the offence punishable under Section 498-A of Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay fine of Rs. 1,000/-, in default to suffer further rigorous imprisonment for two months. By the said order, the appellant was also convicted for the offence punishable under Section 306 of Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 1,000/-, in default to suffer further rigorous imprisonment for two months.

(2.) It appears that the appellant was penniless and, therefore, Legal Aid Committee of this Court extended the legal aid to him through an appointed Advocate. Though legal aid was extended, the appeal was not filed within the time of limitation. The appeal was barred by limitation by 2240 days. Ultimately, the appeal along with an application for condonation of delay was filed on 9.5.2013. This Court on 08.10.2013 allowed the application for condonation of delay and the appeal was registered. The appeal was admitted and record and proceedings were called. When record and proceedings from the trial Court were called, only copy of the judgment along with the warrant to the Jailor is transmitted to this Court, since other files were already destroyed.

(3.) The Legal Aid Committee of this Court received a communication from the Superintendent, Akola District Jail. It is dated 13.8.2015. By the said communication it was intimated that the appellant is already released from jail. Today, learned A.P.P. has placed on record a communication dated 08.9.2015 from the Superintendent, Akola District Jail. Same is taken on record and marked "X" for the purpose of identification. Perusal of the said communication would reveal that remission of 839 days was given to the appellant by the jail administration and thereafter on 09.7.2014 he is released from jail on completion of sentence that was imposed upon him by the learned trial Court. This Court could have dismissed the appeal as infructuous, however the blot of conviction will be there. Therefore, this Court has examined the only available material on record, i.e. the impugned judgment.