JUDGMENT :

BELA M. TRIVEDI, J.

1. The instant appeal is directed against the judgment and order of conviction and sentence passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No. 1812 of 1998.

2. As per the case of prosecution, the deceased Kumari Brindabai was the daughter of Bhagirathi Kumhar who belonged to the caste Kumhar. The deceased Kanhaiya Siddar was the resident of village Panjhar and belonged to the caste Siddar (Gaur). There was a love affair going on between Kumari Brindabai and Kanhaiya Siddar, which the said Bhagirathi and his brother Chandrapal did not approve. On 02.12.1994, both Kumari Brinda and Kanhaiya went missing. A search was made, however, no missing report was lodged. On 11.12.1994, at about 09:00 am, Lodhu (PW-2) went to Kajubadi (Cashew Nursery) and saw that the dead bodies of the deceased Kumari Brinda and Kanhaiya were hanging on a cashew tree. He therefore came back and informed the Sarpanch Baran Singh Thakur. Their bodies were in decomposed state and were not identifiable, however the informant Chandrapal identified the dead bodies. Thereafter, Merg intimations were lodged by Chandrapal and Bholasingh (PW-4) at about 16:00 hrs. and