KANWALJIT SINGH AHLUWALIA,J. - (1.) Appellant herein was tried by the court of Additional Sessions Judge Behror, Alwar in Sessions Case No. 115/2012. The said court held appellant guilty of offences under Sections 307 and 324 IPC. Having convicted the appellant for the above said offences, the trial court vide a separate order of even date, sentenced the appellant as under:- U/s. 307 IPC-to undergo seven years RI and to pay a fine of Rs. 500/-, in default thereof to undergo additional three months SI. U/s. 324 IPC-to undergo one year RI and to pay a fine of Rs. 100/-, in default thereof to undergo additional one month SI.
(2.) The appeal was taken for hearing on numerous dates and none was present on behalf of the appellant on 2.2.2017, 22.2.2017, 9.3.2017, 12.5.2017, 17.8.2017, 23.11.2017, 5.12.2017 and 8.12.2017. A perusal of the record reveals that on 22.2.2017, a co-ordinate Bench had issued non-bailable warrants against the appellant. Non-bailable warrants could be executed as the State had failed to furnish fresh and complete address of the accused appellant. On 23.11.2017, this Court had passed the following order:- "A co-ordinate Bench on 17.08.2017 had passed the following order:- "None present for the accused-appellant. Learned Public Prosecutor is directed to submit the fresh and complete address of the accused-appellant within a period of three weeks. Non-bailable warrant be issued qua accused Ram Singh, if the fresh address is so furnished. List after eight weeks, as prayed." The above said order has been complied by ld. Public Prosecutor. In these circumstances, SHO, Police Station Bansur District Alwar, is directed to remain present in court to show cause as to why non-bailable warrants have been executed. He shall also file an affidavit regarding the whereabouts of the appellant. List the present appeal on 30.11.2017. Copy of this order be handed over to Mr. Prakash Thakuriya, PP, under the seal and signature of the Court Master for onward transmission and necessary compliance."
(3.) Thereafter, on 8.12.2017 this Court was informed that Gopal Singh, SI and IO, Police Station Bansur District Alwar had already filed affidavit in the Registry. The order dated 8.12.2017 reads as under:- "The learned Public Prosecutor appearing for the State has submitted that in terms of the order dated 23.11.2017 an affidavit of Mr. Gopal Singh, S.I. and I.O., Police Station Bansur District Alwar has been filed in the Registry. The Registry is directed to annex the affidavit with the paper book. List present appeal on 15.1.2018.";