Cr.A. No.327 of 2002 2.1.2009 Present: Mr.Rajesh Mandhotra, Dy.A.G. for the appellant. Mr.P.P. Chauhan, counsel for the respondent. This appeal for enhancement of sentence imposed upon the respondent has become infructuous. The respondent was convicted by the trial Court of having committed an offence punishable under Section 498-A IPC and was sentenced to undergo imprisonment till rising of the Court and to pay fine of Rs.5000/-. In default of payment of fine he was to undergo simple imprisonment for two months. The State filed the present appeal for enhancement of the sentence. In the meantime, the respondent challenged his conviction before the learned Sessions Judge, Sirmour at Nahan who vide his judgment dated Ist October, 2002 acquitted the accused. Petition for leave to appeal filed by the State was dismissed by this Court vide judgment dated 9.12.2003 reported in State of H.P. vs. Suvinder Kumar, 2004(3) Criminal Court Cases 297 (H.P.). Since the respondent stands acquitted of the offence there is no question of the sentence being enhanced. The Appeal is therefore dismissed having become infructuous. January 2, 2009. (Deepak Gupta), PV Judge