MAHAVIR Vs. STATE

JUDGEMENT

(1.) The appellant was convicted by the Ld. Additional Sessions Judge, Delhi vide impugned judgment dated 18th March, 1997 in Sessions Case No. 78/1993, FIR No. 643/ 1992 for murder of Bimla by setting her ablaze after pouring kerosene oil, under Section 302 IPC and sentenced to undergo imprisonment for life. The conviction is based upon the dying declarations made by the deceased.

(2.) Pursuant to the order dated 15th January, 1999 the sentence of appellant was temporarily suspended and he was released on interim bail for a period of 60 days and he was required to surrender after the expiry of said period. The appellant failed to surrender and could not be traced.

(3.) On 9.11.2006, no one appeared on behalf of the appellant. Ld. counsel for the State sought some time to find out the position regarding the appellant whether he was in custody in respect of instant appeal arising out FIR No. 643/1992, P.S. R.K. Puram as also FIR No. 762/1997, P.S. Hari Nargar. Accordingly, the matter was adjourned to 20.11.2006 for directions. On 20.11.2006 also, no one appeared on behalf of the appellant. A Status Report dated 11.11.2006 was filed by SHO, P.S. R.K. Puram disclosing that the appellant was released from Tihar Jail on 28.1,1999 and after expiry of the period of his interim bail, he did not surrender. In case FIR No. 762/1997, P.S. Hari Nagar because the appellant absconded, he was declared Proclaimed Offender by the Ld. trial court and his other three co -accused in the said case were convicted and sentenced to undergo imprisonment for life vide judgment dated 9.5.2005.