Admissibility of evidence and characterization of abscondance as per S. 33 of the Evidence Act.

( 1 ) THE appellant has been convicted and sentenced for having committed an offence punishable under S. 302 IPC read with S. 34 IPC by the session Judge, Raichur in SC. 29 of 1973. He has, in this appeal, challenged the conviction and sentence.

( 2 ) THIS case has a history of its own. At 1 A. M. on 28-6-1960 one shivabasappa was stabbed while he was sleeping in his house. The house opposite to that belonged to him. Shankarappa, and Gurappa, who are sons of Shivabasappa, Shankarappa's wife and, children and PW. 5 Irayya, and pw. 6 Sofikhan who, are servants of Shivabasappa; used to slepp in that house. Shankarappa and his wife had gone to Bangalore as Shankarappa's wifo was to be treated. Virupakshappa,, Hanmappa Kali, Basayya, Irayya and this appellant, according to prosecution, entered the house where Shivabasappa was sleeping and stabbed him. Shivabasappa cried omt and pws. 5 and6 woke up. They took a lantern with them and rushed to the house. They saw the appellant, Virupakshappa and Kali Hanmappa running out of the house. They went inside and saw Shivabasappa, lying having sustained stab injuries on his body. Shivabasappa was alive and he told these persons thai the appellant,, Virupakshappa and K. Hanmappa had stabbed him and run away. He fold these persons to bring Yenkangouda, basangouda and others. They went and informed them. They also went 1o inform the police patil PW. 1 Chidamber Gouda. Chidamber Gouda did not wake up in spite of the attempts of PWs. 5 and 6. PW. 4 Hussainsab, wdhksr, was sleeping in the inalige of PW. l, and he, woke up. PWs. 5 and 6 told him about the incident. He accompanied these persons to the spot. Shivabasappa told PW 4 that the said three persons had assaulted him. In the meanwhile, the Govt Ayurvedic Doctor PW. 2 Vasudevarao came there ss somebody had goz\e to him and told him to attend on Shivabasappa he bandaged the injuries and at that time Shivabasappa told him that the said three persons stabbed him and ran away. Shivabasappa narated to the other persons also the same version and then it was decided that Shivsbasappa should be taken to the hospital. When he was being taken en a bed in a cart, he complained of acute pain and he was brought back and he breathed his last. In the, moring on 28-6-1960 PW. 4 went to pw 1 the Police Patil, woke him up and brought him to the spot where shivsbasappa's body was lying. PW. l gathered the information from pws 4, 5 and 6 and others and wrote his report Ext. P1. He sent it to alwandi Police Station. It reached the Station House Officer at 11-15 A. M. and he registered a case in Crims No. 15 of 1960. He reached the spot by 3 PM. and look up investigation. Later PW. 13 Kalavan Rao, the regular snb Inspector of Police reached the spot by mid night and took up investigation thereafter at 12 Noon on 30-6-1960 the Circle Inspector of Police reached the spot and took up investigation The investigation was completed and a charge sheet was filed against five persons showing this appellant as absconding.

( 3 ) AS the appellant could not ba traced and produced before the court SC 32-8-60 was tried against Virupakshappa, Hanmappa, Basayya, and Ireyya only. The case againsit the appellant was thus kept by. Viru- pakshappa and Hanmappa who were Al and A2 were found guilty of having committed an offence punishable. under S. 302 IPC read with S. 34, ipc, and sentencetd to undergo imprisonment for life. Basayya and Irayya were acquitted. Virupakshappa and Hanmappa preferred Crl. A. 27 of 62 in this Court. The conviction and sentence passed on them were confirmed by this Court It is the prosecution case that somewhere in 1973 a communication was addressed from Goa Electricity Board, to the Superintendent of Police, Raichur, in regard to the antecedents of the appellant as the appellant, had applied to the Board that he should be made permanent servant, It was at that time found that the) appellant was a wanted accused in Crime No. 15 of 1960 of Alwande