GANESHBHAI VIRJI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal arises against the judgement and the Order passed by the learned Sessions Judge in Sessions Case no. 62/01, whereby, the learned Sessions judge has convicted the appellant-accused for the offence under Section 302 of the ipc and has imposed sentence for life imprisonment with the fine of Rs. 500/ -.

(2.) WHEN the matter is taken up for final hearing, the learned APP declared before the Court that the accused is absconding since 23. 07. 2004. He has also placed on record the jail report received by him. Under these circumstances, the accused-appellant is reported absconding by the learned APP.

(3.) IN normal circumstances, if the appellant-accused is not represented through the lawyer, the Court may proceed to examine the merits of the matter. However, such situation may arise if the presence of the accused is secured, may be by releasing him on bail or he may be in the custody. Neither situation exist in the present case. The learned APP drew the attention of this court to the decision of the Division Bench of this Court in the case of Mahendra bhogilal Tadvi v. State of Gujarat reported at 2009 (1)GLR 91 and he submitted that this Court based on the aforesaid decision may dismiss the matter on the ground, that the convict is absconding. It was therefore, submitted that similar order may be passed by this Court as was passed by this Court in the case of Mahendra Bhogilal Tadvi (supra ).