GUDDA Vs. STATE OF M. P.

JUDGEMENT

(1.) BOTH these appeals arise out of a common judgment and hence shall be disposed of by the same judgment. Appellants have been convicted and sentenced by the 1st Additional Sessions Judge Guna (M.P.) in Sessions Trial No. 272/98, dated 11th February, 2000 by which appellant No. 1 Gudda has been convicted under section 307 of IPC and sentenced to undergo rigorous imprisonment for eight years with a fine of Rs. 5,000/-. Appellant No. 2 Raghunath has been convicted under section 307 read with section 34 of IPC and sentenced to undergo rigorous imprisonment for eight years with a fine of Rs. 5,000/- with default stipulation. Appellant No. 2 Raghunath has further been convicted under section 323 of IPC and sentenced to undergo rigorous imprisonment for six months Criminal Appeal No. 406/2000 has also filed by the appellant No. 1, Gudda from Jail.

(2.) DURING the course of arguments, it is submitted by the counsel that Criminal Appeal No. 262/2000 was filed on behalf of both the appellants but subsequently, appellant No. 1 Gudda also filed a separate appeal from Jail which is Criminal Appeal No. 406/2000. The subsequent jail appeal No. 406/2000 is, therefore, filed because in Criminal Appeal No. 262/2000 both the appellants have filed appeal against the judgment of conviction and sentence.

(3.) ON behalf of appellant No. 1 Gudda, it is submitted by the counsel that as per report of Superintendent Jail, Gwalior, dated 8.3.2007, appellant Gudda released from the jail after cmpletion of his sentence on 30.6.2004 and he was not detained in custody at Bhopal jail. Therefore, the appeal against the appellant No. 1 Gudda abets and hereby dismissed accordingly.