JUDGMENT

G.S. Ahluwalia, J. - This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the Judgment and Sentence dated 8-5-2012 passed by IVth Additional Sessions Judge, Morena in S.T. No.309/2010 by which the Appellant has been convicted 302 of IPC and has been sentenced to undergo the Life Imprisonment and a fine of Rs.5,000/-, in default 6 months R.I.

2. It is not out of place to mention here that the police after completing the investigation had filed charge sheet for offence under Sections 307, 326 of IPC and charges were also framed for offence under Section 307 of IPC. However, during the pendency of the Trial, the deceased Jagman Singh died on 8-12-2010 and accordingly, the charge was altered and by order fated 18-1-2011, charge under Section 302 of IPC was framed.

3. Further, on 14-7-2022, a statement was made by Shri Ashish Saraswat, Counsel for the complainant, that the Appellant Bhoop Singh has jumped parole and has not surrendered. Further, an information has also been received from the Central Jail, Gwalior, that the Appellant is not in jail. Now the only question for consideration is that whether the Appeal can be heard on merits or not?

4. The Supreme Co