1. The present reference has been made by Judicial Magistrate, 1st class, Patnacity. The points of reference are as follows:

(i) Can the evidence recorded earlier, after separating the trial of the petitioner accused, be treated as evidence recorded under Section 299 Cr.P.C. against the absconder accused apprehended later on.

(ii) If both the sides adopt the deposition recorded earlier, can it be used under Section 299 Cr. P.C. against the petitioner accused brought for trial.

2. The facts necessary for disposal of the aforesaid two questions referred by the trial court are that a case under Section 498A was registered against 15 accused persons. Eleven accused persons appeared and the four accused persons including Tribhuwan Prasad Burnwal, who has apprehended later on were absconding. On 15.7.94 four accused were absconding. The trial court proceeded against 11 accused persons and ordered for issuance of permanent warrant of arrest against the absconding accused persons including Tribhuwan Prasad.

3. Thereafter the trial against 11 accused persons proceeded and they have been convicted and against the order of conviction, they have preferred an appeal, which is pending. L