Hon’ble B. Amit Sthalekar, J.—This appeal has been filed by the appellant-Asharfi against the judgement and order dated 4.2.1988 passed by the Special Judge, E.C. Act, Farrukhabad whereby the appellant has been convicted for the offence under Section 302 I.P.C. and sentenced to life imprisonment.

The appellant had been granted bail by this Court on 9.8.1989 but thereafter by order dated 29.5.2014 non bailable warrant was issued against the appellant for ensuring his presence before the Court. In compliance of the order of this Court the C.J.M. Farrukhabad sent his report to the effect that the appellant has after disposing off left his village about 25-30 years ago and is not traceable. Therefore, Ms. Rashmi Srivastava was appointed as amicus curiae to argue the appeal on behalf of the appellant.

2. The facts of the case, in brief, are that a report was lodged by Om Veer-complainant on 12.1.1986 at about 11.10 P.M. to the effect that next to the two houses of his house there is the house of Shyam Lal, Brijvasi and Ram Bhajan, all real brothers, which is in a very dilapidated condition. Brijvasi has sold his portion to Kesar Navi of Jhipatti. Shyam Lal, who is aged about 55