Criminal Appeal No. 1676 of 2001 (Old No. 78/1999) Hon. P.C. Pant, J. None present for the appellant. Learned A.G.A. for the State is present. This criminal appeal was filed by the appellant against the judgment and order dated 24.12.1998, in Sessions Trial No. 09 of 1997, passed by learned Sessions Judge, Uttarkashi. The conviction is recorded under Section 323 of I.P.C., and the accused / appellant was sentenced only to two months imprisonment and to pay fine of Rs. 1,000/- in default of payment of which, he was directed to undergo imprisonment for further period of two months. The impugned judgment and order itself shows that the accused / appellant had already served out the sentence awarded against him. In the circumstances, the appeal is dismissed, for non-prosecution. (P.C. Pant, J.) 03.11.2006 HN