MUKHTARALI KARAMATALI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been preferred against the judgement and order of conviction and sentence dated 29th August, 1995 passed by learned Additional Sessions Judge, Ahmedabad [rural] in Sessions Case No. 170 of 1994, whereby the present appellant has been convicted for offences punishable mainly under Section 302 of the Indian Penal Code for life imprisonment as well as under other sections of I. P. C.

(2.) AS per report dated 23rd April, 2002 given by Inspector General of Police, the present appellant-accused is absconding when he was enlarged on furlough leave w. e. f. 25th December, 1999. He was to report on 15th January, 2000. Inspite of that, from 15th January, 2000, he has been absconding. Even on today, he is absconding. The present appellant-accused is original accused no. 1. The appellant-accused is facing charge of causing murder of husband of complainant along with other three accused. Those three accused were already acquitted by the trial court and therefore, conviction is only against present appellant.

(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.