The sufficiency of circumstantial evidence and the need for unimpeachable evidence and motive to establish guilt.

( 1 ) TESE two appeals i. e. Criminal Appeal No. 454/2000 preferred by Dilbodh Nagesia and Criminal appeal No. 1271/2000 preferred by Tijan nagesia are arising out of the same judgment therefore they are being disposed of together by this common judgment.

( 2 ) THE accused/appellants have preferred these criminal appeals under Section 374 (2) of the Criminal Procedure Code being aggrieved by the judgment dated 15th dec. 1998 passed by the learned First Addition sessions Judge, Ambikapur District surguja in Sessions Judge after holding accused/appellants guilty of the offence punishable under Section 302 read with 34 of the Indian Penal Code sentenced both of them to undergo imprisonment for life.

( 3 ) THE prosecution case is that on the intervening night of 30th Nov. and 1st Dec. 1997 at about 9 p. m. deceased Pradeep was at the residence of his brother Ram Narayan. The three accused persons namely Tijan, gulab and Dilbodh came to the house of ramnarayan. They wanted to take Pradeep along with them but Ram Narayan told them that Pradeep would not go. But after 10 minutes they came back and took Pradeep along with them. Pradeep had not returned to his residence in the night. Next day morning Ved ram informed Ghashi Ram (P. W. 1), cousin brother of the deceased, that one dead body of a person, was lying by the side of the road. On this information Ghashi Ram along with Vilas, Sobran Singh, Manju, Budhan and others villagers went to the site and saw that the dead body of Pradeep was lying there. Blood was oozing out of the head and injuries were present on the mouth and cheek. Ghashi Ram immediately reported the matter to the police station Darima vide ex. P/2, raising doubt on all the three accused persons. C. S. Sharma (P. W. 10) Assistant sub Inspector reduced into writing the merge intimation Ex. P/2 and left for the site of occurrence. He prepared Panchnama ex. P/3 and site plan Ex. P. 19. After giving notice to the witnesses Ex. P/5 he prepared inquest panchanama of the dead body ex. P/6. The dead body of Pradeep was sent for postmortem to the hospital at Ambikapur along with Jagjeevan Chandra (P. W. 9) vide ex. P/16. One pair of chappals, the soil found on the scene, blood stained soil and plasticshoe were seized under Ex. P. 8. The Patwari daya Shakar (P. W. 8) prepared the site plan ex. P/13. Dr. Manoj Jayswal (P. W. 11) conducted the postmortem on the dead body of deceased Pradeep and prepared the postmortem report Ex. P/21. Accused Tijan gave memorandum Ex. P/9 and pursuant to that he got recovered a bamboo stick vide Ex. P/10. Half shirt of Tijan stained with blood was seized under Ex. P/12. Jagjivan chandra brought a sealed packet of articles, which was sent to the Forensic Science Laboratory, sagar vide Ex. P/22. The report of the serologist was received vide Ex. P/23. After completion of the investigation, charge-sheet was filed against the accused-appellants. Accused Gulab being juvenile his matter was referred to the Juvenile Court.

( 4 ) LEARNED Additional Sessions Judge framed the charge against the accused/appellant for the commission of the offence punishable under Section 302 read with 34 of the I. P. C. They denied the charge and claimed to be tried.

( 5 ) THE prosecution in order to prove the offence against the accused persons examined in all 11 witnesses. The statements of the accused persons were recorded under section 313 of the Cr. P. C. in which they have stated that the evidence of the prosecution witnesses are false, they have been implicated in a false case and they are innocent.

( 6 ) AFTER hearing the arguments of learned additional Public Prosecutor and learned counsel for the accused/appellants and after believing the evidence of the prosecution the learned Additional Sessions Judge convicted and sentenced the accused/appellants for the commission of the offence under Section 302/34 of I. P. C. as mentioned above.

( 7 ) WE have heard Shri A. K. Prasad and smt. Kiran Jain lear