judgment passed by the learned lower Court happens to be illegal in the background of the fact that the same happens to be in contravention of Section 273 of the Cr.P.C. Though the first part of order sheets divulge the conduct of the appellants, their absence to prolong the trial and lastly, they became continuously absent since 06.06.2001, on account thereof, vide order dated 13.03.2008, they were declared absconder and record was directed to be deposited at the record room. Subsequently thereof, appellants Binod Ram and Nawal Ram were arrested on 15.05.2008, while accused Pappu Ram (since acquitted) was arrested on 23.06.2008. Then thereafter, on 24.06.2008, trial was separated with regard to absconding accused namely Raj Balam Ram as well as Ayodhya Ram @ Loha Ram. That means to say, main trial proceeded against three accused namely Binod Ram, Nawal Ram and Pappu Ram. On 03.07.2008, two witnesses Brij Ram (PW-7) and Rama Nandan Ram (PW-8) were examined, cross-examined and discharged. It is further evident that on 22.11.2008, prosecution case was closed on 28.11.2008, statement of the custodial accused Pappu Ram, Nawal Ram and Binod Ram were recorded and then, case was fixed for defence, vide order dated 17.12.2008, the case has been fixed for argument.
