(1.) Challenge in this appeal is to the judgment and order of conviction passed by thee learned Additional Sessions Judge, Fast Track, 3rd Court, Basirhat in S.T. Case no. 43 (11) 2012 arising out of S.C. 7(7) 2007 passed on 30/9/2013 and 1/10/2013 respectively.
(2.) Learned Counsel for the State submits that during pendency of appeal convict Tarun Dutta died and Smt. Laxmi Nath served out sentence, therefore the appeal has become infructuous. In support of his contention learned Counsel submits two reports, one from the Superintendent of Correctional Home and other one from local police station. The reports are taken on record.
(3.) Hon'ble Supreme Court in K.S. Panduranga Vs. State of Karnataka reported in AIR 2003 SC 2164, (2013) 3 SCC 721 held :