KOLI BIJALBHAI KHAHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been preferred against the judgement and order of conviction and sentence dated 19th October,1993 passed by learned Additional Sessions Judge,Bhavnagar in Sessions Case No.161 of 1993, whereby the present appellant has been convicted for an offence punishable under Section 302 of the Indian Penal Code for life imprisonment.

(2.) AS per report dated 23rd April,2002 given by Inspector General of Police, the present appellant -accused is absconding. The appellant -accused is facing charge of causing murder of his wife as she was not able to deliver a child and as he had illicit relation with another lady.

(3.) LEARNED Additional Public Prosecutor stated that even on today, the present appellant -accused is absconding. 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 accused is absconding. In view of the decision dated 23rd October,2008 rendered by this Division Bench in Criminal Appeal No.1131 of 1997, it has been observed in para -8(vi) and 8(vii), as under: