Ram Rakhha Vs State of U.P.

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.

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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.

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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.

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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.

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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.

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CRLA No. 140 of 2011

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2

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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.

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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.

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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.

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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.

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The appeal is dismissed.

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Let a copy of this order be communicated to the jail authorities concerned through Registrar (Compliance) of this Court.

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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.

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April 15, 2026 Dev

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(Mrs. Vani Ranjan Agrawal,J.)

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

Ram Rakhha v. State of U.P.

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Ram Rakhha v. State of U.P.

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