Allahabad High Court

RAM SINGH YADAVversusSTATE OF U.P.

Decided: 21 April 2026
Bench: VANI RANJAN AGRAWAL

Holding

The appeal is dismissed and the conviction and sentence are upheld because the appellant has already completed the full term of imprisonment, leaving no further matter for adjudication.

Summary

Ram Singh Yadav was convicted by the Additional Sessions Judge, Fatehpur, under Sections 307 and 504 of the Indian Penal Code and sentenced to ten years rigorous imprisonment with a fine and an additional one‑year default term, along with a concurrent two‑year term for the lesser offence. He filed a jail appeal challenging the conviction and sentence, alleging errors in the appreciation of evidence. While the appeal was pending, the appellant completed the entire term of imprisonment, including the default sentence, and the amicus curiae for the appellant indicated that he did not wish to press the appeal on its merits, seeking either a setting aside of the conviction or a deeming of the sentence as served. The State did not contest this submission. The High Court observed that, since the full sentence had been served and the appellant was not seeking a merits review, there was no useful purpose in re‑examining the evidence and therefore upheld the trial court’s conviction and sentence, dismissing the appeal.

Issues considered

Whether a criminal appeal can be entertained when the appellant has already served the entire sentence imposed by the trial court
Whether the conviction can be set aside or the sentence deemed to have been undergone after full service of the term

Legislation cited

Indian Penal Code — s. 307, 504

Subjects

criminal appeal
conviction
sentence
completion of sentence
appeal dismissed
IPC
Section 307
Section 504
default sentence
amicus curiae

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

JAIL APPEAL No. - 6249 of 2017

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

Counsel for Appellant(s) : , From Jail, Miss.Rashmi Srivastava,
Narendra Kumar, Rashmi Srivastava
Counsel for Respondent(s) : A.G.A.

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

1. Heard Ms. Rashmi Srivastava, learned Amicus Curiae for the appellant
and Ms. Divya Ojha, learned A.G.A. for the State respondent.

2. This jail appeal has been preferred against the judgement and order dated
31.8.2017 learned Additional Sessions Judge/Fast Track Court-I, FAtehpur
in Criminal Trial No.345 of 2013 arising out of Case Crime No.65 of 2013,
under Sections 307, 504 I.P.C., Police Station Ghazipur, District Fatehpur,
whereby the appellant has been convicted and sentenced as under :-

Under Section 307 I.P.C. - to undergo ten years rigorous imprisonment
along with fine of Rs.20,000/- and in case of default in payment of fine the
appellants shall undergo one year additional rigorous imprisonment.

Under Section 504 I.P.C. - to undergo two years rigorous imprisonment

All the sentences shall run concurrently.

3. The appeal has been filed, challenging the conviction and sentence of
appellants 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
JAPL No. 6249 of 2017
2

that the appellants have already undergone the entire period of sentence
imposed by the trial court.

5. Learned counsel for the appellant submits that the appellant Ram Singh
Yadav was arrested on 23.4.2013 as is evident from parcha no.3 (reference
in this regard is also made to paragraph no.17 of the impugned judgement),
and thereafter, the appellant remained in jail from the date of judgement, that
is, on 31.8.2017. It is further submitted that neither during trial nor after
conviction the appellant was admitted to bail. Thus, by now the appellant has
completed his all sentence including the default sentence.

6. Learned Amicus Curiae for the appellant do not wish to press the appeal
on merits as the appellant has already completed his entire sentence
including the default sentence and prays that conviction may be set aside or
in the alternative, the sentence may be deemed to have been undergone.

7. Learned Additional Government Advocate for the State respondent could
not controvert the submission made by learned Amicus Curiae.

8. I have perused the record and considered the submissions of both parties.
There appears substance in the submissions of the learned Amicus Curiae
and is also evident from the material available on record. The appeal has
been pending for a long time.

9. 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 including the default
sentence, no useful purpose would be served by entering into a detailed
examination of evidence at this stage.

10. Since the appellant has already undergone the full period of sentence
including the default sentence 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
JAPL No. 6249 of 2017
3

appeal. Accordingly, the conviction and sentence as awarded by the trial
Court is hereby upheld.

11. The appeal is dismissed.

12. Let a copy of this order be communicated to the jail authorities
concerned through Registrar (Compliance) of this Court. The jail authority
concerned is directed to release the appellants on completion of sentence, if
not wanted in any other case.

13. Ms. Rashmi Srivastava, learned Amicus Curiae appearing on behalf of
the appellant has rendered her valuable assistance to the Court. She be paid
Rs.10,000/-, towards her fee for the able assistance provided by her in
hearing of the present appeal.

14. 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 22, 2026
Dev
(Mrs. Vani Ranjan Agrawal,J.)

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

Continue reading with your account

Checking your session…