ARVINDBHAI ALIAS GOPALBHAI UDESING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the appellant -original accused, assailing the judgment and order of the learned Additional Sessions Judge, Nadiad, Dated : 14.02.1983, rendered in Sessions Case No. 153 of 1982, convicting him under Section 302 of the IPC and sentencing to undergo imprisonment for life. Before proceeding any further, the note of the fact may be taken that after the aforesaid judgment and order was passed and while the appellant was in judicial custody, he was released on parole on 08.08.1985 for a period of 15 days, and though, he was supposed to surrender before the jail authority on completion of the aforesaid period, he did not do so and remained absconding till he was arrested by police on 01.05.2010. In other words, the appellant remained absconding for about 25 years and it is pursuant to his arrest that he preferred the present appeal, challenging his conviction, as above.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) ON registration of the complaint, police carried out investigation into the alleged offence and on finding prima facie evidence against the accused, laid charge -sheet against him before the competent Court for trial.