IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Appeal No. 70 of 2004 Suresh Lal S/o Sri Diwani Lal R/o Village Bareith (Ghingran) Patwari Circle Augustmuni District Rudraprayag .……… Appellant Versus State of Uttarakhand .……… Respondent Mr. Vinod Sharma, Advocate for the appellant Mr. Amit Bhatt, Addl. G.A. for respondent/State Hon’ble J.C.S. Rawat, J. Mr. Vinod Sharma, Advocate for the appellant. Mr. Amit Bhatt, Addl. G.A. for the respondent/State. 2. This is an appeal against the judgment and order dated 8th December, 2003 passed by learned District and Sessions Judge, Rudraprayag in S.T. No. 23 of 2003 whereby the accused/appellant has been convicted and sentenced to undergo seven years R.I. u/s 304- B I.P.C. 3. Mr. Vinod Sharma, the learned Counsel for the appellant requested before the court on 23/05/2008 that a report may be sought from the Jail Superintendent through the Chief Judicial Magistrate, Rudraprayag as to whether the appellant has served the sentence awarded by the trial court. In pursuance of the said order, the Registry sought the information as desired by the Court and the Chief Judicial Magistrate after obtaining the report from the Jail Superintendent has reported that the accused/appellant has served the sentence awarded to him and has been released after serving the sentence. The learned counsel for the appellant today made a statement before the court that the appellant-Suresh Lal does not want to contest the appeal on the point of conviction as he has already served the sentence awarded to him. The learned counsel further submitted that the appellant does not want to press the appeal further any more. 4. Learned counsel for the appellant further seeks permission to withdraw the appeal. 5. Permission is granted. 6. Accordingly, the appeal is dismissed as withdrawn. 17.06.2008 Shiv (J.C.S. Rawat, J.)