(1.) In the present case bailable warrants were issued to ensure the presence of the respondentaccused, thereafter Non bailable Warrants were issued, however, the presence of the respondentaccused could not be procured. Thereafter, an endeavour was made by this Court for declaring the respondentaccused as Proclaimed Offender. Accordingly, publication was published in News Paper 'Prabhat Khabar' vide order dated 1.6.2010 of this Court, however, before waiting the presence of respondentaccused, though he has been declared proclaimed offender, the matter is looked into on merits.
(2.) Mr.Raman Sethi, has been requested to assist this Court, on behalf of the respondentaccused and he has agreed to assist this Court.
(3.) The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of Criminal Procedure has been granted in reference to judgment dated 2.12.1998 passed by Learned Sessions Judge, Shimla, H.P., in Sessions Trial No. 33S/7 of 1998, under Section 302 of the Indian Penal Code, acquitting the alleged respondent/accused.