Absconding accused

Case being that of a single accused, there was no necessity for prosecution to send crime empties to Forensic Science Laboratory for report

Accused, after commission of offense, opted to abscond and remained fugitive from law for over three years

Without any plausible explanation

Prosecution was able to prove its case against accused through promptly lodged FIR, confidence inspiring ocular testimony, single accused motive, recovery of crime empties from spot, supportive medical evidence coupled with his over three years long abscondance

High Court maintained conviction and sentence awarded by Trial Court

Appeal was dismissed in circumstances.

After challan had been submitted against them, Trial Court refused to issue their warrants of arrest and did not adopt the procedure as provided under Ss. 87 & 88, Cr.P.C.

Trial Court also put the case on dormant file

Legality

Trial Court should exercise powers available to it under Ss. 75, 87 & 88, Cr.P.C., and if proceedings under the said provisions failed, only then should the case be kept on dormant file

Trial Court, in the present case, ignored the powers available to it under Ss. 87 & 88, Cr.P.C., including attachment of properties of accused persons

High Court directed that proper efforts should be made to arrest accused persons, and in case of non-compliance by the police, the (Trial) Court may write to the superior police officials for getting issued necessary directions

Constitutional petition was disposed of accordingly.