1. This appeal is by accused Nos. 2 and 3 in Sessions Case No. 328 / 2006 on the file of the learned Presiding Officer, Fast Track Court - V, Bangalore City (hereinafter referred to as the 'trial Court' for short).

2. The appellants have challenged in this appeal the impugned judgment and order of conviction and sentence dated 16-2-2008 passed in the said case convicting both these appellants - accused for the offence under S.398 read with S.511 IPC and sentencing each of them to undergo R.I. for a period of three years and six months.

3. At the outset, the learned High Court Government Pleader submitted that accused No. 2 (appellant No. 1) had been in judicial custody from 24-7-2006 and accused No. 3 (appellant No. 2) had been in judicial custody from 31-1-2006 and thus, as on this date, both these appellants - accused have been set at liberty on their completion of the total period of imprisonment for three years and six months and as such, the present appeal deserves to be dismissed as haying become infructuous.

4. As against this, Sri. A. N. Radha Krishna, learned counsel for the accused - appellants strongly contended that though these appellants had filed their application