accused persons who were the proclaimed offenders for recording evidence
under Section 299 Cr.P.C. In support of its case the prosecution had
examined ... accused Montu Yadav was challaned to face
trial and proceedings under Section 299 Cr.P.C was requested in the challan
against the other accused
already
declared proclaimed offenders, matter was fixed for prosecution evidence
under Section 299 Cr.P.C.
5. PW-1 is Smt. Krishna Sethi ... relevant to advert to the provisions of
Section 299 of the Code of Criminal Procedure, 1973.
299. Record of evidence in absence of accused
testimony are
further seen when her deposition under Section 299 Cr.P.C. is compared
with her later examination. In her statement under Section 299 ... allowing Ramu to sell his house. However, in her deposition under Section
299 Cr.P.C., she modified this version by stating more generally that
were examined against other accused and against this
accused also under section 299 Cr.P.C., including the injured
witness Pramod, who was examined ... accorded
sanction U/s 39 of the Arms Act against this accused. This witness
was examined as PW36 U/s 299
section 161 of the Code of Criminal Procedure, 1973
(hereinafter, " CrPC ). Relevant record was collected. Final report
under section 173 of CrPC ... basis of conviction, held as follows:
"4. ..... Section 299 of the Code of Criminal Procedure
consists of two parts. The first part speaks
Subsequently, charges under Section 174 A IPC & Sections
380 , 420 , 468 , 471 read with Section 34 of IPC were framed against
accused Rohtash Kanwar ... absconding,
prosecution evidence was recorded in absence of the accused under
Section 299 Cr.PC. In the evidence under Section 299 Cr.PC, Head
Constable
Dabri
Section 294 CrPC.
Prosecution evidence
9. PW-1 Sh.Kapil Yadav is the complainant whose testimony
was recorded under Section 299 CrPC ... closed.
Statement under Section 313 CrPC & Defence Evidence
19. Statement of accused under Section 313 CPC was recorded
wherein he stated
respectively.
The examination of PW3 was conducted under
Section 299 Cr.P.C. as the accused was declared as Proclaimed
Offender vide order dated ... prepared the charge-sheet.
The examination of PW4 was conducted under
Section 299 Cr.P.C. as the accused was declared as Proclaimed
Offender vide
offences under section
511 / 420 / 467 / 468 / 471 IPC and proceeded to record evidence under
section 299 CrPC. Eleven PWs were examined ... dated 13.09.2013, for commission of offences under section
467 / 468 / 471 IPC and under section 511 / 420 IPC, to which he pleaded
not guilty
read against the accused as per provisions of section
299 cr.p.c.
9. PW1 is Sh. Bhoop Singh i.e. the complainant ... statement u/s. 164 cr.p.c. of PW2.
435/1992 Hauz Qazi page19/
PW4 has proved the statement u/s. 164
