R.S.CHAUHAN, J. - (1.) AGGRIEVED by the judgment dated 13.1.2006, the appellant, Kanaa Singh @ Karan Singh, a convicted prisoner, has sent a Jail appeal to this court, namely D.B. Criminal Jail Appeal No.882/2006. He has also filed a regular appeal, namely, D.B. Criminal Appeal 182/2006. The regular appeal shall be disposed off in light of the decision of the Jail appeal. The impugned judgment was passed by the Additional Sessions Judge (Fast Track) No.1, Beawar, District Ajmer, whereby the learned Judge convicted the appellant for offences under Sections 302, 201 IPC. By an order of even date, for offence under Section 302 IPC, the learned Judge sentenced the appellant to life imprisonment, imposed a fine of Rs.2000/ -, and directed the appellant to further undergo one year of simple imprisonment in default thereof. For offence under Section 201 IPC, the learned Judge sentenced him to three years of rigorous imprisonment, imposed him with a fine of Rs.1000/ - and directed him to further undergo six months of simple imprisonment in default thereof. Both the sentences were directed to run concurrently.
(2.) BRIEFLY , the facts of the case are that on 3.4.2004, Smt. Nozi Devi submitted a written report (Ex.P.11) before the SHO, Police Station Jawaja, District Ajmer. The said report when translated into English, reads as under: - "To, The SHO, Police Station Jawaja, District Ajmer. Sub.: For registering a report with regard to a murder. Sir, This is to submit that I, Nozi W/o. Bhur Singh Rawat, am a resident of Naharpura. I have two sons, namely Narain Singh and Nainu Singh. My son, Narain Singh, works as a laborer at Jodhpur. And Nainu Singh works as a driver and/or Khalasi (helper) on a truck. Yesterday, on 2.4.2004 in the morning, he came back from his truck. Around 8:00 8:30 PM, I and my son, Nainu Singh, went to a grocery shop owned by Roop Singh for settling our grocery bill. At that time, Devi Singh, Mishra Taili, Roop Singh and Ishwar Singh @ Kalyan Singh were sitting at the shop. We paid Rs.109/ - to Roop Singh. I bought few things from his shop. I told my son to come along with me. But he told me to go ahead and he will come a bit later. I came back home. But for a long time, my son did not come back. I, therefore, asked my grandson, Khum Singh, to come with me to look for my son. We went to the shop of Roop Singh. There Ishwar @ Kalyan Singh told us that Kanna Singh S/o. Jai Singh had taken Nainu Singh with him for answering the call of nature. For this purposes, they filled up a bottle and gone together. We went looking for him towards the pond where the Babool trees are growing. But we could not locate either of them. We came back home. In the morning when I was looking for my son, I saw Kanna Singh coming from the side of the pond. I asked him about the whereabouts of my son. He told me he does not know where my son is. But after this, he disappeared from the village. This morning we discovered the dead body of my son, Nainu Singh, lying in a well which belongs to Kanna Singh. Last night, Kanna Singh along with others has killed my son; in order to make the evidence disappear, they have thrown his body into the well. The dead body has been recovered from the well. I am submitting this report so that legal action can be taken. Sd/ -"
(3.) ON the basis of the said report (Ex.P.11), the police chalked out a formal FIR, namely FIR No.47/04, for offences under Sections 302, 201 IPC. On 4.4.2004, the appellant was arrested from the village itself. After completing the investigation, the police submitted a charge -sheet against him for the said offences before the Judicial Magistrate, Beawar. On 21.7.2004, the case was committed to the Court of Additional Sessions Judge, Beawar. By order dated 21.9.2004, the appellant was charged for offences under Sections 302 and 201 IPC. He denied the charges and claimed trial. In order to prove its case, the prosecution examined seventeen witnesses, and submitted twenty -seven documents. Although the defense did not examine any witness, but it did submit two documents. After completing the trial, the learned convicted and sentenced the appellant, as aforementioned. Since the appellant is aggrieved by the said judgment, as mentioned above, he has filed two appeals before this court. By order dated 20.1.2015, this court had directed the Deputy Registrar (Judl.) to inform the appellant that his counsel Mr. V.K. Mishra has expired. This court granted the appellant four weeks time to engage the services of any other counsel of his choice. However, the Superintendent, Central Jail, Ajmer has informed the Government Advocate that by order dated 15.3.2010, the appellant was granted a regular parole of thirty days. He was scheduled to report back to the Jail on 14.4.2010. But he has failed to do so. Therefore, ever since then he has been absconding. Although this court has waited for a counsel to appear on behalf of the appellant, but no one has so far appeared. Since the appellant is absconding, no fruitful purpose would be served by keeping the appeals pending in this court. Therefore, the Jail appeal is being decided on merit. The regular appeal shall be covered by the decision of this Jail appeal.;