S. R. BANNURMATH, J. ,, J.

( 1 ) ON a reference by the learned Principal District and Sessions Judge, tumkur as to what should be done in respect of the absconding accused 1 in S. C. No. 57 of 1991 when the appeal preferred by the other accused against their conviction has been set aside by this Court, the case is preferred before us.

( 2 ) IT is necessary to note that, in all nine accused were tried in S. C. No. 57 of 1991 on the file of the Principal Sessions Judge, Tumkur for the offences punishable under Sections 148, 324, 326 and 307 read with section 149 of the Indian Penal Code, 1860. After considering the entire evidence on record, the Trial Court convicted all the accused on all counts and sentenced them accordingly. It is to be noted that after conviction the accused 1-Narasegowda S/o. Channegowda, who was on bail escaped the arrest and suffering of the sentence awarded by the trial Court. As per the note of the learned Sessions Judge, steps were taken in this regard but accused 1 remained untraced till date. In the meanwhile, the other convicted accused 2 to 9 approached this Court in cri. A. No. 225 of 1998 and the learned Single Judge of this Court on reappreciation of

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