1. The appellant Kayyoom was charged for the offences under Section 302 IPC and Section 25 of the Arms Act for having committed the murder of his wife. The trial court in Sessions Trial No.487 of 2006 arising out of Case Crime No. 410 of 2005 P.S.- Sector-39, Noida, District Gautam Budh Nagar has convicted the appellant with a punishment of life imprisonment and fine of Rs. 10,000/- for the offence of murder and two years rigorous imprisonment coupled with a fine of Rs. 1,000/- on the count of the offence under Section 25 of the Arms Act. On the failure of deposit of fine, the appellant is to undergo one year and three months additional imprisonment respectively for the two offences. The two brothers of the appellant Shehjad and Raja, who were also accused and faced trial, have been acquitted.

2. At the very outset, we may mention that the appeal was presented and was being conducted by Sri A.K. Bajpayee Advocate. However, after the receipt of the lower court records on 3rd December, 2007 in spite of the revision of the list, no counsel appeared on behalf of the appellant. On 07th August, 2008 the case was listed before a Bench of which one of the Hon'ble Judges was the l