( 1 ) -IMPACT of Section 86 of the Indian Penal Code (for short, the i. P. C.) if felt, then it would be a primordial consideration in this Appeal. If not, it has to be decided on the basis of merit.

( 2 ) THE appellant has been sentenced to suffer Imprisonment for Life and to pay a fine of Rs. 5,000/-; in default, to suffer further Rigorous Imprisonment for six (6) months on account of his conviction in respect of the Charge of section 302 of the IPC which has been passed by the learned Additional sessions Judge, 6th Court, Alipore on 15. 7. 98 in Sessions Trial No. 1 (5)1997. The same persuaded the Appellant to prefer this Jail Appeal.

( 3 ) BEFORE proceeding further to the actual logistic we find wayback in 23. 11. 98 a Division Bench of this Court admitted the Jail Appeal after condoning the delay and directed the learned Public Prosecutor "to engage one learned advocate for the appellant from the State panel".

( 4 ) THE Appeal matured for hearing in the Board on 28. 11. 2005 with an Office Report dated 24. 11. 05 showing: "l. C records received. "paper-books have been prepared and served upon the State. "none has entered appearance on behalf of the appellant i