1. Heard Mr. Sushil Kumar Singh, learned counsel for appellant as well as Mr. Umesh Chandra Verma, learned A.G.A. for the State.

2. This criminal appeal has been preferred assailing the impugned judgment and order dated 17.01.2004 passed by learned First Additional Sessions Judge, Rai Bareli in Session Trial No. 166 of 2002, arising out of Case Crime No. 192 of 2001, Police Station Mohanganj, District Rai Bareli, convicting and sentencing the appellant, Ram Phool @ Rajjan under Section 302 I.P.C. for imprisonment for life and a fine of Rs.3,000/- has been imposed with default stipulation to undergo additional imprisonment for six months.

3. Mr. Sushil Kumar Singh, learned counsel for appellant, on the basis of instructions received by him from his client, informed that appellant, Ram Phool @ Rajjan, has been released from jail as remission has been granted to his sentence.

4. Mr. Sushil Kumar Singh, learned counsel for appellant makes a statement at the Bar that he has instructions to state that appellant does not want to press the appeal on merits and it may be dismissed as not pressed.

5. As per the prosecution version, the complainant Kanhaiya Lal, S/o Machal Pasi, submitt