Pritinker Diwaker, J.

This appeal arises out of the judgment of conviction and order of sentence dated 25.09.2012 passed by the 2nd Additional Sessions Judge, Raipur, in S.T. No.190/2011 convicting the accused/appellants under Sections 302/34, 449 of IPC and sentencing them to undergo imprisonment for life with fine of Rs.500/- for each Section, with default stipulations.

2. As per the prosecution case, on 09.06.2011 the accused/appellants and one Keshav entered the house of deceased Santosh Sahu and caused multiple injuries to him by knife as a result of which deceased died instantaneously. At the instance of Saraswati Bai (PW/1), eye witness to the incident, dehati nalisi (Ex.P/1) was recorded on 09.06.2011 at 11.00 pm followed by dehati merg (Ex.P/2) at 11.10 am. On the basis of dehati nalisi (Ex.P/1), F.I.R. (Ex.P/20) was registered on 10.06.2011 at 00.30 am against the accused persons under Section 302/34 of IPC. Thereafter, numbered merg (Ex.P/21) was registered on 10.06.2011 at 00.40 am. Inquest on the body of deceased was conducted vide Ex.P/5 and dead body was sent for postmortem examination which was conducted by Dr. R.K. Singh (PW/15) and gave his report (Ex.P/34) noticing following injuries:-

(i) Incised wound on left ring finger base palmar aspect in the size of 1 x 0.5 x 0.5 cm.

(ii) Stab wound on right scapular region vertical in the size of 3 x 1 x 6.5 cm. It has gone deep into right lung where size of wound was 1 x 0.5 x 0.5 cm. Right thoracic cavity contains about 350 ml blood.

(iii) Stab wound on midline back slightly right to midline at T6 plane in the size of 3 x 1.2 cm x 7 cm. It has gone deep into right lung where size of wound was 1 x 0.5 x 0.5 cm.

(iv) Incised wound on left scapular region medial border vertical in the size of 3 x 1.5 x 0.5 cm.

(v) Incised wound on left scapular region lateral border vertical in the size of 2.8 x 1cm x 0.8cm.

(vi) Incised wound on T9 plane just right to midline back obliquely vertical in the size of 2.5 x 1 cm x 1 cm.

(vii) Incised wound on left forearm front middle obliquely transverse in the size of 5 x 0.5 x 0.2 cm.

(viii) Incised wound on left upper arm front transverse in the size of 4 x 0.2 x 0.1 cm.

(ix) Stab wound on just below left clavicle in the size of 1.5 x 0.8cm x 6.5cm deep. It is deep into lung where size of wound was 1 x 0.5 x 0.5 cm. Both sides abrasion impact in nature present transversely medially 2 x 1.2 cm & laterally 3.5 x 1 cm irregularly.

(x) Stab wound on just above & lateral to left nipple obliquely transverse in the size of 4 x 1.5cm x 7cm deep into lung where size of wound was 1 x 0.5cm x 0.5cm. Left thoracic cavity contains blood about 400 ml.

(xi) 02 impact abrasions dorsum of left forearm obliquely vertical in the size of 5 x 0.8 cm & 5.5 x 0.5 cm.

(xii) Contusion abrasion on left upper arm laterally semilunar 1 x 0.2 cm.

(xiii) Contusion on left upper part of chest in the size of 3.5 x 1.8 cm with ecchymosis present.

The autopsy surgeon opined the cause of death to be hemorrhage and shock due to multiple injuries on his body and death was homicidal in nature.

3. While assaulting the deceased, accused/appellant Keshav also sustained injuries and was taken to District Hospital, Pandri Raipur where he was medically examined by Dr. (Smt.) Parmeshwari Lal (PW/10) vide Ex.P/19 noticing one incised wound of 1 cm x 1/4 cm over right index finger.

4. On 10.06.2011, memorandum of accused Keshav (who has not preferred any appeal) was recorded vide Ex.P/13, based on which, one knife was seized vide Ex.P/9. Vide Ex.P/8, pant, shirt and towel were seized from accused Keshav. Memorandum of accused/appellant No.1-Raj Kumar was recorded vide Ex.P/12, based on which, vest and full pant were seized vide Ex.P/10. Seized articles were sent for chemical examination and as per FSL report (Ex.P/33), blood has been found on the seized articles, however, there is no serological report on record to confirm its origin. After filing of the charge sheet, the trial Judge has