ALA UDDIN LASKAR, SON OF LATE YUSUF ALI LASKAR, VILLAGE-GANGPAR DHUMKAR PT. III P.O- LAKSHMISAHAR DISTRICT- HAILAKANDI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner was convicted under Sections 447/ 354 IPC and sentenced to undergo simple imprisonment for one month with fine of Rs. 1000/ - in default simple imprisonment for fifteen days vide judgment and order dated 11.8.2003 passed by the learned Addl. CJM, Hailakandi in GR case No. 811/2000. He preferred the appeal against the said conviction and sentence before the learned Sessions Judge, Hailakandi which was registered as Criminal Appeal No. 26 of 2003. The appeal was dismissed, upholding the conviction and sentence awarded by the learned trial court vide judgment and order dated 25.2.2004.

(2.) BEING further aggrieved by and dissatisfied with the appellate court's judgment, the petitioner has filed the present petition.

(3.) AT the out set, Mr. Choudhury, learned Senior Counsel submits that the convict petitioner had expired on 4.8.2010 while he was serving as Grade -IV employee in the Revenue Settlement Office in the Establishment of Deputy Commissioner, Hailakandi. He requested the court to dispose of the petition on merit, although the petitioner is no long alive, in terms of the Apex Court's decision rendered in the State of Kerala -Vs - Narayani Amma Kamala Devi and ors, reported in : AIR 1962 SC 1530 and Pranab Kumar Mitra -vs - State of West Bengal and another reported in : AIR 1959 SC 144. There is no dispute at the bar that the matter should be heard and disposed of on merit.