LALA RAM Vs. STATE OF U.P.
LAWS(ALL)-2017-9-113
HIGH COURT OF ALLAHABAD
Decided on September 06,2017

LALA RAM Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

ARVIND KUMAR MISHRA-I,J. - (1.)Heard Sri A.K.S. Bais, learned counsel for the appellant, Sri Pradeep Rai, learned A.G.A. assisted by Sri Sharad Srivastava, learned brief holder for the State and perused the record of this appeal.
(2.)Learned counsel for the appellant has submitted that the appellant is in jail since 5.9.2009, and remained in jail during the trial. The appellant, was sentenced to serve out the sentence of seven years' R.I. was admittedly, taken into judicial custody, on the day of delivery of judgment i.e. 5.9.2009, and, his bail application No. 6282 of 2009, was rejected by this Court, vide order dated 28.3.2011, thus, he remained in jail ever since the delivery of judgment on 5.9.2009 by the trial court. In this view of the matter, the accused appellant has already suffered entire sentence of seven years' R.I. but mere sufferance of sentence of imprisonment and release pursuant thereto, would not ipso-fact, render this appeal ineffective or infructuous, hence, the parties were heard on the merit of this appeal.
(3.)By way of instant Criminal Appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 05.09.2009 passed by Additional Sessions Judge, Court No. 4, Saharanpur, in Sessions Trial No. 73 of 2009 concerning Case Crime No. 376 of 2008, under Section 304 part II IPC, Police Station Kutubsher, District Saharanpur, whereby the accused-appellant has been sentenced seven years R.I. for offence under section 304 Part-II IPC.


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