BASUDEV SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 12/4/2005 passed by the learned Additional Sessions Judge, Rairangpur in C.T. No.22/04 (S.T.No.252/04) convicting the Appellant for the offence punishable under Sec. 302 IPC and sentencing him to under to imprisonment for life and to pay a fine of Rs.2000.00, in default to further imprisonment for two months.

(2.) However, it has been brought to the notice of the Court by the Directorate of Prisons that during the pendency of this appeal, the Government of Odisha in exercise of the powers conferred by Sec. 432 of the Code of Criminal Procedure, 1973 has remitted the unexpired portion of the sentence passed against the Appellant and ordered his premature release and pursuant thereto, the Appellant has already been released.

(3.) In view of the above, the appeal has become infructuous and is disposed of as such. However, the Appellant is at liberty to approach the Court for revival of this appeal, in case he wishes to have the appeal decided on merits.