Case Note & Summary
The appellant, Shankar @ Satyanna Malayya Gopi, was convicted by the Additional Sessions Judge, Greater Bombay in Session Case No.780 of 2002 for the offence punishable under Section 307 of the Indian Penal Code and sentenced to rigorous imprisonment for 7 years and a fine of Rs.1,000/-. He appealed against the conviction. At the final hearing, the appointed advocate for the appellant was absent. The learned APP informed the court on instructions from the Superintendent, Nasik Road Jail that the appellant had already undergone the complete sentence and had been released from jail. The court heard the APP and perused the trial court record. The court noted that since the appellant had already served the full sentence, the appeal had become infructuous. Accordingly, the court dismissed the appeal as infructuous without examining the merits of the conviction.
Headnote
A) Criminal Law - Appeal - Infructuous - Section 307 Indian Penal Code, 1860 - Appeal against conviction becomes infructuous when the appellant has already undergone the complete sentence and has been released from jail - The court need not examine the merits of the conviction in such circumstances (Para 3-5).
Issue of Consideration
Whether the appeal against conviction under Section 307 IPC should be decided on merits when the appellant has already undergone the complete sentence.
Final Decision
Appeal dismissed as infructuous.
Law Points
- Appeal becomes infructuous when sentence already undergone
- No need to decide merits if appellant has already served full sentence
Case Details
2010 LawText (BOM) (07) 76
Criminal Appeal No.1511 of 2004
Shankar @ Satyanna Malayya Gopi
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Nature of Litigation
Criminal appeal against conviction for attempt to murder
Remedy Sought
Appellant sought to challenge conviction and sentence under Section 307 IPC
Filing Reason
Appellant was convicted and sentenced to 7 years RI and fine for attempt to murder
Previous Decisions
Trial court convicted appellant in Session Case No.780 of 2002
Issues
Whether the appeal should be decided on merits when the appellant has already undergone the complete sentence.
Submissions/Arguments
The learned APP submitted that the appellant has already undergone the complete sentence and has been released from jail.
Ratio Decidendi
An appeal against conviction becomes infructuous if the appellant has already undergone the entire sentence imposed, and the court need not examine the merits of the conviction.
Judgment Excerpts
The learned APP makes statement on instructions from the Superintendent, Nasik Road Jail that the appellant has already undergone the complete sentence and has been released from the jail.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Greater Bombay in Session Case No.780 of 2002 for offence under Section 307 IPC and sentenced to 7 years RI and fine. He filed Criminal Appeal No.1511 of 2004 before the Bombay High Court. At final hearing, the appellant's advocate was absent. The APP informed that the appellant had already served the full sentence. The court dismissed the appeal as infructuous.
Acts & Sections
- Indian Penal Code, 1860: 307
