The main legal point established in the judgment is the requirement for the testimony of a solitary witness to be reliable and the potential need for corroboration in certain circumstances.

Radhe Shyam Sharma, J.

1. This appeal is directed against judgment dated 10-4-2009 passed by Additional Sessions Judge, Sakti in Sessions Trial No. 139/2008. By the impugned judgment, accused persons/appellants Mati Ratre and Sanjay have been convicted and sentenced in the following manner with a direction to run the sentences concurrently:-

Conviction Sentence

Under Section 460 IPC Imprisonment for life and to pay fine of Rs. 500/-,

in default of payment of fine, to further undergo rigorous imprisonment for 6 months

Under Section 302/34 IPC Imprisonment for life and to pay fine of Rs. 500/-,

(For deceased Tijram) in default of payment of fine, to further undergo

rigorous imprisonment for 6 months

Under Section 302/34 IPC Imprisonment for life and to pay fine of Rs. 500/-,

(For deceased Nanbai) in default of payment of fine, to further undergo

rigorous imprisonment for 6 months

2. Case of the prosecution, in brief, is as under:

On 22-5-2008, between 1:00 A.M. to 4:00 A.M., deceased persons Tijram and Nanbai were sleeping in the courtyard of their house situated at Village Chhote Sipat. In the morning, at about 5:00 AM., dead bodies of deceased Tijram and Nanbai were found in the courtyard smeared with blood. Blood was oozing out from the neck and mouth of deceased Tijram and it appeared that the injuries were caused by sharp cutting weapon. Blood was oozing out from right side of the neck of deceased Nanbai and it appeared that the injury was caused by sharp cutting weapon. Merg intimations (Ex.P-1 and P-2) informed by Baratram were recorded in Police Station Malkharauda, on which, First Information Report (Ex.P-3) was also registered on the same day. The Investigating Officer reached the place of occurrence, gave notices (Ex.P-41 and P-43) to Panchas and prepared inquests (Ex.P-42 and P-44) on the dead bodies of the deceased Tijram and Nanbai, respectively. The dead bodies of deceased Tijram and Nanbai were sent to Community Health Centre, Malkharauda for post mortem examination vide Exs.P-4 and P-6, respectively. Dr. R.P. Kurre (PW-5) conducted post mortem on the dead bodies of the deceased and gave his reports (Ex.P-5 and P-7). He found multiple incised wounds on both the dead bodies. He opined that cause and mode of deaths of the deceased persons were syncope due to excessive hemorrhage and their deaths were homicidal in nature.

In further investigation, the appellants were taken into custody and memorandum statement (Ex.P:18) of appellant Mati Ratre was recorded under Section 27 of the Evidence Act and at his instance, blood stained Rumal, Kantop, white Rumal, blue plastic chappal, black pant and iron Gandasa were seized vide Ex.P-21. Memorandum statement (Ex.P-19) of appellant Sanjay was recorded under Section 27 of the Evidence Act and at his instance, blood stained iron weapon, burnt clothes of appellant Sanjay and burnt chappal were seized vide Ex.P-22 and P-23. Memorandum statement (Ex.P-20) of Vinay Nirala was recorded and at his instance, blood stained blue pant and blue T-shirt were seized vide Ex.P-24. Clothes of the deceased persons were seized vide Ex.P-30. Nails of appellants Mati Ratre and Sanjay and Vinay Nirala were seized vide Ex.P-31. Blood stained soil, plain soil and broken pieces of bangles were seized from the place of occurrence vide Ex.P-40. Spot map (Ex.P-38) was prepared by Patwari Dhandas Nirala (PW-13). The seized articles were sent to the Forensic Science Laboratory, Raipur for chemical examination vide Ex.P-49.

After completion of the investigation, charge sheet was filed against the appellants in the Court of Judicial Magistrate First Class, Sakti, who, in turn, committed the case to the court of Session, Janjgir-Champa, from where it was received on transfer by Additional Sessions Judge, Sakti, who conducted the trial and convicted and sentenced the appellants as mentioned above.

Charge sheet was also filed against the co-accused Vinay Nirala in Juvenile Court.

3. Shri Amit Sharma and M