Pankaj Purohit, J
1. Heard learned counsel for the parties.
2. By means of this appeal, the appellant has impugned his conviction and sentence awarded by learned Additional Sessions Judge, Almora dated
03.11.2014, passed in Sessions Trial No.16 of 2014, whereby the appellant was convicted under Section 304 (2) IPC and sentenced ten years’
R.I. with a fine of Rs.10,000/- with default stipulation of one year additional R.I.
3. Learned Amicus Curiae for the appellant on the previous occasion expressed an apprehension that the judgment was passed in 2014 and perhaps
the appellant might have served out the sentence imposed upon him.
4. At this statement made by learned Amicus Curiae for the appellant, a report was called from learned State Counsel.
5. Today, learned State Counsel passed on written instructions dated 22.08.2024 submitted by In-charge, Superintendent of Central Jail, Sitarganj,
Udham Singh Nagar, which are taken on record. On instructions, learned State Counsel submits that the appellant has already served out the sentence
awarded by the impugned judgment and order under appeal and he has already been released from jail on 19.03.2022 after depositing the fine as
imposed by learned trial court.
6. In this view of the matter, since the appellant has already served out the sentence awarded to him and deposited the fine imposed upon him, there is
nothing survives to be decided in this appeal. Accordingly, the criminal appeal is dismissed as infructuous.
7. TCR be sent back.
