Gangabai W/O Motiram Kokane v. The State Of Maharashtra

cria640-02 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 640 OF 2002 GANGABAI W/O MOTIRAM KOKANE

VERSUS

STATE OF MAHA ...

Advocate for Appellant : S.J.Salunke APP for Respondents: Mr.R.B.Bagul ...

CORAM : V.L.ACHLIYA,J.

DATE : 07/10/2016 PER COURT :- Pursuant to order dated 30/9/2016, the appellant is present alongwith advocate. Appellant has also filed affidavit. As per affidavit filed, appellant has stated that she has undergone the sentence awarded and released from the prison. In support of affidavit, she has produced certificate of release issued by Superintendent of Central Prison, Yerwada, Pune. As identity proof, she has produced copy of Adhar card.

2] Learned counsel for the appellant submits that the trial Court though tried the appellant for committing offence punishable under Section 302 of IPC but held her guilty for committing offence punishable under Section 304 Part-II of IPC and sentenced to undergo R.I. for five years and pay fine of Rs.1000/- and in default to undergo R.I. for six months. Although she was ordered to be

cria640-02 -2released on bail, she has not furnished the bail in the present appeal. Since the appellant has undergone the sentence, the appellant did not want to prosecute the appeal. In this view, the appeal is disposed of as not pressed as the appellant has undergone the sentence awarded. Accordingly, appeal is disposed of for want of prosecution as well as for the reason become infructuous. (V.L.ACHLIYA,J.) umg/