BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed again the judgment dated 1.2.1994 convicting the appellant Babu Lal of offence under Sec. 302 I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 100.00 and in default of payment to further undergo one month's S.I. The sentence of the appellant was suspended by the order of this Court dated 4.5.1994. He was directed to appear before this Court. Inspite of repeated opportunities given, he has not appeared. All efforts to get arrest the appellant have failed. He has managed to get the report that he is not available at the place of last residence. In view of this, we left with no option but dismiss the appeal for want of prosecution. The appeal is dismissed. In adopting the said course, we have followed the decision in R.N. Yadav Vs. State of Bihar reported in AIR 1987 SC 1500. However, in the interest of justice, we feel that if the appellant appears before this Court and satisfy the reason for non- appearance, the question of recalling the order and re- hearing the appeal shall be considered.

(2.) In view of the aforesaid, the appeal is dismissed. The Trial Court is directed to issue warrant of arrest and secure the attendance of the appellant Babu Lal and send him to jail to serve out the remaining part of the sentence.