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Allahabad High Court

RAM RAKHHAversusSTATE OF U.P.

Decided

Holding

The conviction and sentence under Section 304 IPC are upheld; the appeal is dismissed.

Summary

Ram Rakhha appealed his conviction for culpable homicide under Section 304 of the Indian Penal Code, for which the trial court sentenced him to ten years’ rigorous imprisonment and a fine of Rs.5,000. He contended that the trial court had erred in its appreciation of evidence and sought to have the conviction set aside. While the appeal was pending, the appellant completed the entire term of imprisonment, paid the fine and was released on 19‑Nov‑2012. The appellant’s counsel indicated that he did not wish to press the appeal on its merits. The Allahabad High Court observed that, since the sentence had been fully served, there was no useful purpose in re‑examining the evidence and therefore upheld the conviction and dismissed the appeal.

Issues considered

  • Whether a conviction and sentence under Section 304 IPC can be set aside when the appellant has already served the entire sentence and paid the fine
  • Whether the appellate court must examine the merits of the appeal when the sentence has been fully executed

Legislation cited

Subjects

  • Section 304 IPC
  • culpable homicide
  • appeal dismissal
  • sentence served
  • conviction upheld
  • criminal procedure

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

                      CRIMINAL APPEAL No. - 140 of 2011

Ram Rakhha
                                                                          .....Appellant(s)
                                           Versus
State of U.P.
                                                                         .....Respondent(s)

Counsel for Appellant(s)               :     Ashwini Kumar Awasthi, Manish Tiwary
Counsel for Respondent(s)              :     Govt. Advocate

Court No. - 93
                 HON'BLE MRS. VANI RANJAN AGRAWAL, J.

1. Heard Sri Hari Om, learned counsel holding brief of Sri Ashwani Kumar Awasthi,

learned counsel for the appellant and Sri Rahul Asthana, learned Additional

Government Advocate appearing on behalf of the State.


2. This Criminal Appeal has been filed against the judgement and orders dated
16.11.2010 and 19.11.2010 passed by learned Additional Session Judge, Court No.1,

Ghaziabad in Session Trial No.1876 of 2003, (State Vs. Ram Rakhha), under Section

304 I.P.C. Police Station Loni, District Ghaziabad by which the appellant has been

convicted for the offence under section 304 I.P.C. and awarded sentence of ten years

rigorous imprisonment with a fine of Rs.5,000/- with default stipulations.


3. The appeal has been filed, challenging the conviction and sentence of appellant on

various grounds including earliest infirmities in appreciation of evidence of failure to

consider certain material contradiction in the testimony of witnesses.


4. During the pendency of this appeal, it is brought to the notice of this Court that the

appellant has already undergone the entire period of sentence imposed by the trial

court.


5. Learned counsel for the appellant does not wish to press the appeal on merits as the

appellant has already completed his entire sentence and has also deposited the entire

fine and prays that conviction may be set aside or in the alternative, the sentence may

be deemed to have been undergone.
                                                                                                       CRLA No. 140 of 2011
                                                                           2

                                    6. Learned Additional Government Advocate for the State respondent on the strength

                                    of report dated 23.1.2018 of the Jail Superintendent, District Jail, Ghaziabad submits

                                    that appellant after completing his entire sentence awarded to him and after payment

                                    of fine, has already been released from jail on 19.11.2012.


                                    7. I have perused the record and considered the submissions of both parties, the appeal

                                    has been pending for a long time and as per the report dated 23.1.2018 from the

                                    concerned jail authority, the appellant has served all the imprisonment imposed by

                                    learned trial court and has been released from jail on 19.11.2012, a copy of report

                                    dated 23.1.2018 is available on record.


                                    8. In the aforesaid circumstances of the case where the entire sentence has already

                                    undergone and considering the nature of offence and the fact the appellant has already

                                    served out his entire sentence and also deposited the fine, no useful purpose would be

                                    served by entering into a detailed examination of evidence at this stage.


                                    9. Since the appellant has already undergone the full period of sentence and deposited
                                    the fine pursuant to order passed by the trial Court, therefore, nothing further survives

                                    in this appeal for adjudication as the learned counsel for the appellant does not wish

                                    press on the merits of the appeal. Accordingly, the conviction and sentence as awarded

                                    by the trial Court is hereby upheld.


                                    10. The appeal is dismissed.


                                    11. Let a copy of this order be communicated to the jail authorities concerned through

                                    Registrar (Compliance) of this Court.


                                    12. A copy of this judgment alongwith the trial court record be transmitted to the

                                    Court concerned for necessary compliance. Compliance report be submitted to this

                                    Court, at the earliest. Office is directed to keep the compliance report on record.


                                    April 15, 2026
                                    Dev
                                                                                           (Mrs. Vani Ranjan Agrawal,J.)




Digitally signed by :-
DEV PRAKASH
High Court of Judicature at Allahabad


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