A criminal appeal seeking revision in a conviction under Section 307 IPC was dismissed as not maintainable because the appellant had already served the entire sentence awarded by the lower court.
Criminal Appeal dismissed as not maintainable.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.897 of 2007
Dilip Chakravory, S/o. Santosh Chakravory, aged about 40 years, R/o. Village Titurdih, Near Railway Line Titurdih, distt. Durg (CG)
----Appellant
Versus
State of Chhattisgarh, Through GRP Police Station Bhilai, District Durg (CG)
--- Respondent
Shri SK Dadsena, counsel for the appellant. Smt. M. Asha, Panel Lawyer for the State/respondent.
Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board
03.02.2016.
This appeal is directed against judgment of conviction and order of sentence dated 27.7.2007 passed by 5th Additional Sessions Judge, Durg in Sessions Trial No.187/06 whereby and whereunder after holding the the appellant guilty under Section 307 of the Indian Penal Code, sentenced him to undergo rigorous imprisonment for five years and to pay fine of Rs.2000/-, in default of payment of fine, to further undergo RI for six months.
2. It is submitted on behalf of the appellant that the appellant has served the entire sentence awarded by the Court below and as directed, the appellant is not pressing this appeal on its merits.
3. In the considered view of this Court, I do not see any illegality or impropriety in the judgment of conviction and sentence
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passed by the trial Court. Even otherwise, the appellant is not assailing the appeal on its merits as the appellant has already served the sentenced awarded to him. Accordingly, the instant criminal appeal is dismissed as not maintainable and also the ground as mentioned above.
(Chandra Bhushan Bajpai)
Bini
Dilip Chakravory
State of Chhattisgarh
Chandra Bhushan Bajpai
As recorded by the court registry
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