@j R HIGH COURT OF CHHATTISGARH AT BILASPUR Coram : Hon’ble Shri T.P.Sharma and AQEelIant Hon’ble Shri Raieshwar Lal Jhanwari JJ. Criminal Aggeal No. 1200 of 1989 Naval Minz, S/o Thomas Minz, Teacher, aged‘ about 30 years, Resident of Mahauwadih, Police Station Shankargarh, Dist. Surguja, MP. Versus - State’of Madhya Pradesh, through Police Station, Shankargarh, Dist. Surguja, M.P. CRIMINAL APPEAL UIS 374 OF CODE OF CRIMINAL PROCEDURE Present : None for the appeiiant. Resgondent' State/respondent. Shri Sandeep Yadav, Dy. Government Advocate for the ORAL JUDGMENT (Passed on 01.02 2010) The following Oral Judgment of the Court was passed by T.P.Sharma, J. Order dated 18.08.2005 revealed that the appellant, who had preferred this appeal, has absconded from Central Jail, Raipur on appellant but the same had not been served on the appellant. On 25.08.2005 again warrant of arrest has been issued against the appellant but his whereabouts could not be traced out. Thereafter, vide order dated 16.12.2009 fresh warrant of arrest has been issued for his production before this Court on 01.02.2010 which could also not be served upon because he is not traceable. It appears that the appellant has absconde 2. This is an admitted appeal. Record of the court below perused. pV 12.011991, therefore, warrant of arrest has been issued against the and is not traceable. 3. ’The present appeilant has been convicted under Section 302 and 307 of the l.P.C.and sentenced to life imprisonment under both the Sections fo‘r causing murder of his mother-in—law Sisaliya and attempted to commit murder of his wife Pushpa Minj by the 2"d Additional Sessions Judge passed in s.T.No. 38/88 vide judgment dated 4‘“ October, 1989. d 4. Record of Court below clearly revealed that on fateful day Le. 18.07.1987 the appellant caused culpable homicide amounting to rnurder of his mother—in-law Sisaliya and attempted to commit murder of his wife Pushpa ‘Minj. Pushpa Minj has been examined by Dr. V. N. Dubey P.W.1. Merg and F.l.R. were lodged and inquest was prepared. Autopsy was conducted. After completion of investigation, charge sheet was filed before the Court of Chief Judicial Magistrate, Ambikapur who committed the case to the Sessions Judge and the case has been received on transfer by the learned Additional Sessions Judge. 5. ln order to prove guilt of the appellant, prosecution has examined as many as 22 witnesses. The accused was examined under Section 313 of the Code of Criminal Procedure (for Short ‘the Code’). He has also examined defence witness Abdul Gaffar and Aziz and‘also Yakub Lakda. 6. After appreciating the evidence available on record and after hearing the learned counsel for respective parties, the Court below has conyicted and sentenced the appellant as aforementioned. 7. ln the present case, the appellant has absconded since 1991. All attempts have been made for his arrest but warrants issued against the appellant have been received unserved. ln all cases, representation on behalf of the appellant is not necessary and especially when the appellant is not traceable, it is not possible for any counsel to represent him. We have minutely scrutinized the evidence adduced on behalf of the prosecution and also the evidence of defence witnesses. 8. On close scrutiny of the evidence, we are of the view that learned Additional Sessions Judge has not committed any illegality or infirmity in convicting the appellant under Section 302 and 307 of the l.P.C. and sentencing him to life imprisonment for both Sections. Conviction and sentence is based on credible, clinching and legal evidence, which is sustainable under law. We do not find any scope in the appeal which is liable to be dismissed. 9. ln the result, the appeal is hereby dismissed. The Court below is directed to issue warrant of arrest against the appellant and send him jail to serve remaining sentence in accordance with law. twSdF RL. Jhaw‘“ 'T.P. Sharma l . Judge l l . / Sd/- l W‘ /