JUDGMENT :

Bela M. Trivedi, J.

1. The appellant - accused has preferred the present appeal under Section 374 of Cr.P.C., challenging the judgement and order dated 17.2.2014 passed by the Sessions Court, Surat (hereinafter referred to as "the trial Court") in Sessions Case No. 136 of 2012, whereby the appellant - accused has been convicted and sentenced for life imprisonment and to pay a fine of Rs. 5,000/-, in default thereof, to undergo imprisonment for one month for the offence under Section 302 of IPC.

2. At the outset, it may be stated that as per the jail report, the appellant was granted the benefit of remission of sentence and was released prematurely from jail on the occasion of 68th Republic Day Celebration vide Home Department Order dated 25.1.2017, however, subsequently the jail authority having realized that the appellant was given unauthorized benefit of the remission of sentence, in view of the order dated 4.8.2017 issued by the office of the Additional DGP and IG (Prison), he was directed to be arrested. However, the appellant - accused is not being traced out and he has not been arrested so far. This Court vide order dated 26.10.2018 had recorded the said fact and dire