JUDGMENT

Gautam Chourdiya, J. - Since both these appeals arise out of the judgment dated 8th February, 2013 passed by Additional Sessions Judge, Janjgir, Distt. Janjgir-Champa (CG) in ST No.04/2012, they are being disposed of by this common judgment. By the impugned judgment, each of the accused/appellants stands convicted and sentenced as under:

2. Case of the prosecution, in brief, is that on 24th September, 2011, deceased, Laxmin Bai, aged about 20 years, went for her work but she did not return thereafter. Her dead body was found near FCI Godown as mentioned in the spot maps of Ex.P/26, P/33 & P/59. As per Merg Ex.P/27 lodged by Devkumar Gadwal (PW-7) on 25th September, 2011 at 7.30 am, he informed the police that as usual at 4 pm on 24.9.2011 deceased had gone to Deendayal Avas Colony in connection with her work but she did not return in the night and thereafter, her dead body was found behind FCI Godown. Postmortem on the body of the deceased was conducted on 25.9.2011 at 12.35 pm by PW-12 DR. AK Jagat vide Ex.P/34 wherein he noticed following symptoms/injuries on the person of the deceased:

"Dead body was cold and calmy. Rigor mortis present all over the body. P.M. liquidity present in dependent parts of body. Face was pale. Pupils are dilated and fixed. Cornea semi hazzy, Dried nasal secretion present over right angle of mouth and right cheek. Mouth semi open. Little amount of greenish solid materials over tongue. Fingers cyanosed both hand nails. Diffuse superficial contusion present over right cheek and below right ear rough measurement (redish pink) 10 x 6 cm. Diffuse contusion present below left ear rought measurement 6 x 4 cm, redish pink. Redish abrasion present over both below elbow eternally 2 x 1 cm each. Ant bite like mark present all over trun, around mouth and around both eyes. Ulceration redish present over right labia majora 0.5 x 0.5 cm. Abrasion reddish present over left labia majora 0.5 x 0.3 cm."

In his opinion, the mode of death was asphyxia caused due to alcoholic intake with suspected poisoning and that along with this, possibility of sexual offence is there. However, viscera and clothings were preserved and advised to send it to FSL, Raipur for confirmation. The time of death was 12 to 18 hours prior to the postmortem examination.

3. Fir (Ex.P/50) was registered upon merg enquiry on 27.9.2011 at 8.40 am by Shyam Sunder Sharma (PW-24) under Sections 302, 34 & 376(g) of IPC against Prakash Kahra and Raghvendra Bhardwaj. During investigation, Dog Panchanamas were prepared vide Ex.P/3 & P/4 in presence of Vijay Kumar Lakda, Labour Officer (PW-4) and Bhupat Lal Dewangan, Labour Inspector (PW-5) in which it is mentioned that the sniffer dog having smelt the dead body of the deceased and her bicycle lying on the place of occurrence, went to the house of the deceased and thereafter went to the Labour Office. After breaking open the lock of the Labour Office, in the room of the Office Assistant used packets of snacks (Haldiram) and hologram of liquor bottle were found. The dog was beating the door of Store room made in the Office Assistant Room. From the verandah of the Labour Office, Janjgir, one yellow coloured seal made of aluminum, one plastic hologram of Excise Department, two steel locks were seized vide Ex.P/5. From th