THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE B.N. RAO NALLA CRIMINAL APPEAL NO : 677 of 2007 Between: State of A.P., rep., by the Public Prosecutor .....APPELLANT AND Doddi Rambabu alias Mirinda. .....RESPONDENT The Court made the following : THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE B.N. RAO NALLA CRIMINAL APPEAL NO : 677 of 2007 ORDER: (per Hon’ble Sri Justice V. Eswaraiah) The State filed this appeal against the judgment dated 29.10.2003 in Sessions Case No.196 of 2002 on the file of the V Additional Sessions Judge (FTC), East Godavari, Rajahmundry, whereunder the respondent-accused has been convicted and sentenced to undergo rigorous imprisonment for a period of seven years alone for the offence under Section 302 IPC instead of minimum sentence of life imprisonment prescribed under the provisions of Section 302 IPC. As against the very self same judgment, the respondent- accused preferred Criminal Appeal No.1826 of 2004. Apart from that, a Division Bench of this Court had taken up the same suo motu as Crl.R.C.No.2177 of 2006 on the ground that the respondent-accused has been convicted and sentenced to undergo R.I. for a period of seven years alone for the offence under Section 302 IPC instead of minimum sentence of life imprisonment prescribed under the provisions of Section 302 IPC. A Division Bench of this Court by judgment dated 17.1.2007 allowed the Criminal Appeal filed by the respondent-accused setting aside the conviction and sentence imposed by the learned Sessions Judge in S.C.No.196 of 2002 and acquitted the respondent-accused for the offence under Section 302 IPC and consequently, dismissed the Criminal Revision Case No.2177 of 2006. As the respondent-accused has already been acquitted by this Court in Crl.A.No.1826 of 2004, the present appeal has become infructuous. Accordingly, this Criminal Appeal is dismissed as infructuous. ____________________ Justice V. Eswaraiah _______________________ Justice B.N. Rao Nalla Dated: 22.11.2010. Nn. THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE B.N. RAO NALLA CRIMINAL APPEAL NO :677 of 2007 (Order delivered by the Hon’ble Sri Justice V. Eswaraiah) 22.11.2010