Manmohan Sarin, J.

1. In these batch of State appeals, respondents/accused have either been acquitted by the trial court or the State is seeking enhancement of sentence. It has not been possible to complete service of the respondents/accused in these appeals. The question arising for consideration is whether with respondent/accused remaining unserved, the appeals can be heard by following the procedure of declaring them proclaimed offenders and appointing an Amicus Curiae to represent their interest? The second class of case is where the respondents/accused were served at the stage of leave to appeal or after grant of leave but are not appearing thereafter. The procedure to be adopted in the latter class of cases is to be considered.

2. Before we consider the legal position in relation to the questions raised, it would be appropriate to set out the factual matrix in each of these appeals:

(i) Crl.A.No. 597/99, State v. Ram Gopal

Respondent Ram Gopal, son of Ram Parkash, Village & PO Nawab Ganj, Dish. Gonda( D.P.) had been tried for an offence under Section 302 IPC. Trial court on the evidence adduced, held that it could not be said that it was the respondent who had caused inju