PARAS AWADHIYA Vs. STATE

JUDGEMENT

(1.) THE appllants have been convicted for the offence under Sections 302/34 of the Indian Penal Code and they have been sentnced to undergo rigorous imprisonment for life vide judgment and order dated 23. -3 -1987 passed by 2nd Additional Sessions Judge, Gopalganj in Sessions Trial No. 65/19 of 1986.

(2.) THE name of Counsel for the appellants appears on daily cause list but no one appeared for the appellants. Thus, in view of the decision in the case of Bani Singh and others V/s. State of U.P., AIR 1996 SC 2439 : 1996(2) East Cr C 615 (SC), we heard Counsel for the State and are disposing of the appeal.

(3.) THE prosecution case is that on 7 -11 -1984 at 9 a.m. one Hari Shankar Nonia gave his fardbeyan that on previous night he along with his maternal grand mother, Rukminia Devi, was sleeping in palani, a dhibri was burning. In the light, he saw the appellants going out of the palani He tried to awake his maternal grand mother but she did not speak. He brought the dhibri and found that her head was crushed and brain substance had come out and it was bleeding. He raised alarm. His wife and Deep Narain Awadhiya came there . He narrated the story to them.