DIGAMBER AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellants have challenged the judgment and order dated 31.12.1998, passed in Sessions Trial No. 207/1997, by 7th Additional Sessions Judge, Nagpur thereby convicting the appellants of the offences punishable under Sections 307 and 498-A read with Section 34 of the Indian Penal Code. Briefly stated, facts of the case are as under:

(2.) Not satisfied with the same, both the accused who are the appellants in this case, have preferred the present appeal.

(3.) During the pendency of this appeal appellant No. 2-accused No. 2 died and, therefore, her appeal stood abated. After filing of this appeal, the appellant No. 1 secured his release on bail with after suspension of the substantive sentences imposed upon him by the trial Court suspended till final decision of the appeal. Some time thereafter, it is seen that the appellant No. 1 started absenting himself in the present matter. Bailable warrant in the sum of Rs. 20,000/- was initially issued against the appellant No. 1 as per the order passed on 28th August, 2014 and it was duly executed. Even then appellant No. 1 preferred not to remain present in the Court and prosecute the appeal. Therefore, on 17th November, 2014, non-bailable warrant was issued against the appellant No. 1. However, before execution of the same, appellant No. 1 suo-motu appeared before this Court and made a statement that he would remain present before this Court whenever required by this Court. He also stated that he was already represented by his lawyer, Mr. Ashwin Wasnik, who would be submitting his argument on the next date. Therefore, this Court recalled the order of issuance of non-bailable warrant and directed the appellant No. 1 to appear before this Court on 11th December, 2014.