IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Appeal No. 23 of 2003 Kishan Singh … Appellant Vs State of Uttaranchal … Opp. Party Sri R.S. Sammal, learned counsel for the appellant Sri S.S. Adhikari, learned A.G.A. for the State/respondent Hon’ble B.C. Kandpal, ACJ Hon’ble B.S. Verma, J. This appeal has been filed by the convict/appellant – Kishan Singh against the judgment and order dated 25.11.2002 passed by learned Sessions Judge, nainital in S.T. No. 130 of 2001 in State Vs Kishan Singh & others, under Section304-B of I.P.C. and 3/4 Dowry Prohibition Act. 2. On previous date this Court asked for a report from the C.J.M., Nainital in order to ascertain this fact as to whether the convict/appellant is still in jail in order to serve out the sentence or not and as to whether he deposited the fine of Rs. 5,000/- imposed against him or not. 3. The letter from the Senior Superintendent of Jail – Sampurna Nand Sivir, Udham Singh Nagar dated 11.12.2008 is available on record which reveals that the convict/appellant deposited a sum of Rs. 5,000/- as fine imposed against him on 19.02.2008 and he had already been released from the jail on 01.03.2008 after serving out the sentence of 12 years. 4. Remission of the sentence of one year five months and sixteen days was given to him and he was also given benefit of set-off for a period of five years three months and seven days. 2 5. As the convict/appellant has already been released from the jail after serving out the sentence imposed against him, hence, now this appeal has rendered infructuous. 6. For the aforesaid reason, the appeal is dismissed being infructuous. (B.S. Verma, J.) (B.C. Kandpal, ACJ) 17.09.2009 ASWAL