THE HON’BLE SRI JUSTICE B.N. RAO NALLA CRIMINAL APPEAL No.1584 of 2006 JUDGMENT: This Criminal Appeal is filed by A2 against the judgment dated 22.12.2005 in S.C.No.219 of 2005 on the file of the Additional Metropolitan Sessions Judge for the trial of communal offence cases –cum-VII Additional Metropolitan Sessions Judge at Red Hills, Nampally, Hyderabad, whereby and whereunder A2 was found guilty of the offence punishable under Section 326 r/w. 34 IPC along with A1. 2. Today when the matter has come up for hearing, Sri B.Parmeshwar Rao, learned legal aid counsel for the appellant-A2 submits that the appellant-A2 was found guilty of the offence punishable under Section 326 r/w 34 IPC instead of the offence under Section 307 IPC and he was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/-, in default, simple imprisonment for six months vide judgment dated 22.12.2005 by the court of Additional Metropolitan Sessions Judge for the trial of communal offence cases-cum-VII Additional Metropolitan Sessions Judge at Red Hills, Nampally, Hyderabad. That consequently, A2 served the entire period of sentence and he was released from the prison. 3. It is obvious that he was convicted and sentenced in December, 2005 and now we are in July,2010. 4. Submissions made by Sri B.Parmeshwar Rao, learned legal aid counsel for the appellant-A2 are recorded and in view thereof, the appeal is liable to be dismissed as infructuous and the same is hereby dismissed. 5. In the result, the Criminal Appeal is dismissed as infructuous. _______________ B.N.RAO NALLA, J Date:02.07.2010 Stp