JUDGMENT :

Jitendra Kumar Sinha, J.

1. Heard Shri Sandeep Kumar Dubey, learned Amicus Curiae, appearing on behalf of the appellants, Shri O.P. Dwivedi, learned AGA-Ist, for the State and perused the record.

2. By means of this criminal appeal, the appellants have challenged their conviction under Sections 302 , 302/34, 323/34 of IPC, whereas appellant Daulat Ram and Makrand alias Mukandi have been convicted under Sections 307 /34, 307 and 323 IPC. Both the appellants have been sentenced to undergo life imprisonment under Sections 302 , 302/34 IPC and 5 years RI for the charge under Section 307 /34 and 307 IPC respectively and 6 months RI for the charge under Section 302 IPC. All the sentences have been directed to run concurrently.

3. In Surya Baksh Singh vs. State of Uttar Pradesh , (2014) 14 SCC 222 , the Hon’ble Apex Court has held that it is always not necessary to adjourn the matter in case both appellants or his counsels/lawyers are absent and the Court can decide the appeal on merits after perusal of the record and the judgement of the trial Court. It has further been observed that if the case is decided on merits in the absence of the appellant, the higher court can remedy th