CHNNILAL ALIAS PAPPU Vs. STATE OF DELHI ADMINISTRATION

JUDGEMENT

(1.) Appellant Chunni Lal alias Pappu in this appeal assails the judgment and order of sentence dated 28-10-1992, by the learned Additional Sessions Judge, convicting and sentencing him under Section 302, I. P. C. to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and in default, to undergo further imprisonment for one year.

(2.) There was some delay in filing of the appeal, which was condoned. The appeal was admitted to hearing vide orders dated 19-8-1993. Appellant prayed for suspension of sentence on account of his disturbed mental state for which, he was being treated. The Court after considering the report from the Senior Resident, Psychiatry Department of G. B. Pant Hospital, suspended the sentence of the appellant on furnishing a personal bond in the sum of Rs. 5,000/- with one surety of the like amount. Appellant was directed to be released in the custody of his mother.

(3.) Notices were issued to the appellant and to his counsel for listing the appeal for hearing. Counsel for the appellant did not appear despite service. Appellant could not be served. Bailable warrants against the appellant were issued, which were also returned unexecuted with comments "having left the address". Notices were directed to be issued to the sureties. The Trial Court reported that neither appellant nor the sureties were available at the address. Following the decision of the Division Bench in Mohd. Tahir alias Khuddar v. State (Cri. A. No. 452/1997), we proceeded to appoint an Amicus Curiae to hear the appeal since it had not been possible to secure the presence of the appellant. Accordingly, Ms. Ritu Gauba, Advocate, was appointed an Amicus Curiae, for conduct of the appeal on behalf of the appellant. The Amicus Curiae and the counsel for the State were heard on 5th May, 2006 and judgment reserved.