JIVAN JERAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been preferred against the judgement and order of conviction and sentence dated 29th July,1998 passed by learned Additional Sessions Judge, Jamnagar, in Sessions Case No. 143 of 1997, whereby the present appellant has been mainly convicted for an offence punishable under Section 302 of the Indian Penal Code for life imprisonment and to pay a fine of Rs. 500/-, in case of default, further simple imprisonment of 3 months has been awarded.

(2.) THE appellant-accused is facing charge of committing murder of his wife. The appellant had sold away golden ornaments of his wife and, therefore, hot altercation had taken place between the appellant and his wife. The appellant poured kerosene upon her and ablazed her on fire in the house, he bolted the door from outside and, then, he ran away. This is a substance of the charge, which the appellant is facing.

(3.) LEARNED counsel for the appellant submitted that the appellant is absconding. The appellant was granted 14 days furlough leave on 11th November,2000 and he was to surrender on 25th November,2000. Thereafter, he has not surrendered to the jail authority and is absconding till today. A separate offence under the Prisoners Act is also registered against him at Tankara Police Station, District: Rajkot. It is further submitted by learned Additional Public Prosecutor that in view of the decision rendered by this Division Bench in Criminal Appeal No. 1131 of 1997, dated 23rd October,2008, this appeal may be dismissed as appellant-accused is absconding.