(1.) THE Appeal is preferred by the appellant -original accused no.1 of Sessions case no.36 of 1992 decided by the learned Additional Sessions Judge, Valsad district at Navsari.
(2.) THE appellant -convict has assailed the judgment and order of conviction and sentence dated 23rd February, 1994, whereby he has been held guilty of the charge of offence punishable under section 302 of the Indian Penal Code and ordered to undergo rigorous imprisonment for life and fine of Rs. 500/ -. In default punishment imposed is of six months' rigorous imprisonment.
(3.) TODAY , the learned Additional Public Prosecutor Mr. Jani has tendered fax message received on 22nd December, 2008 sent by the Deputy Superintendent, Central Jail, Vadodara, wherein it is stated that the appellant -accused is absconding since the year 1998. He was granted furlough leave from 13th March, 1998 to 30th March, 1998 and he was to surrender to jail authorities to serve remaining period of sentence on 31st March, 1998. But he failed in doing so and according to fax message, the appellant -accused is absconding since 31st March, 1998. This fax message received today from the Deputy Superintendent, Vadodara Central Jail is taken on record.