of Ashok Kumar Pathak during trial is not a deliberate act of prosecution, rather, the witness could not be examined during regular trial after apprehension of the accused appellant. The witness could not be traced by the prosecuting agency inspite of best efforts. The prolonged abscondence of the accused is primarily the reason for non-examination of Ashok Kumar Pathak. (ii) That the complainant Ashok Kumar Pathak in his evidence as PW-1 during proceedings under Section 299 CrPC has admitted his signature on his statement[Exhibit PW-1/A(based upon which FIR was registered)] and also elaborated about the averments made therein which he had witnessed with his own eyes. 14(iii) That the evidence of Ashok Kumar Pathak clearly establishes the presence of accused appellant with Usha on intervening night of 19th/20th May, 1990, whereafter, the lady was found murdered and the accused was found absconding from the crime scene leaving behind a confessional note. Ashok Kumar Pathak also proved