JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of the CrPC filed by the appellant herein is directed against the impugned judgment of conviction and order of sentence dated 25-6-2013 passed by the Sessions Judge, Rajnandgaon, in Sessions Trial No.39/2012, by which the appellant has been convicted under Section 302 of the IPC twice on two counts and sentenced to undergo imprisonment for life and pay fine of Rs.3,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for one year.

2. Case of the prosecution, in brief, is that on 20-4-2012 at night at Village Sarauli, Police Station Manpur, District Rajnandgaon, the appellant has assaulted his wife Shobhe Bai and paramour of his wife Fattu Nareti by wooden stick by which they suffered injuries and died, and thereby committed the offence. Further case of the prosecution is that the appellant had a field in which he has sown maize and for the purpose of guarding crops in his field, he had constructed a machan ( lari) and he and his wife Shobhe Bai used to sleep in nights on the said machan for guarding his field. On 20-4-2012, the appellant and his wife both had gone to participate in a marriage in the house of one Sirdar Tekam of the same village from where his wife came before the appellant reached and at 10.00 p.m. when the appellant reached to his field, he has seen his wife and her paramour Fattu Nareti in objectionable condition and out of grave and sudden provocation, he picked up the wooden stick lying therein and firstly assaulted Fattu Nareti and murdered him and thereafter, murdered his wife also and thrown the dead bodies in a place near his field. Next day morning at 05.00 a.m., the appellant informed Sujan Singh (PW-1) who had a field near the field of the appellant and then Sujan Singh informed to Bir Singh (PW-2), Adhari Ram (PW-3), Durgu Ram (PW-6), Khomanlal (PW-9) & Jhumuklal (PW-10) whereupon all reached to the spot and saw the dead bodies of Shobhe Bai and Fattu Nareti. The appellant made extra-judicial confession before Sujan Singh (PW-1) & Khomanlal (PW-9) that he found Shobhe Bai with Fattu Nareti in objectionable position, then he murdered both of them.

3. First information report (FIR) was lodged by Sujan Singh (PW-1) vide Ex.P-3 and morgue intimation Exs.P-2 & P-3 were written at the instance of Sujan Singh (PW-1) which were got registered by Police Station In-charge Noharlal Mandavi (PW-12). Inquest on the dead body of deceased Shobhe Bai was prepared vide Ex.P-5 and inquest on the dead body of deceased Fattu Nareti was prepared vide Ex.P-7. On the recommendation of panchas, dead bodies of the deceased were sent for postmortem to Community Health Centre, Manpur vide Exs.P-23 & P-24. Postmortem on the dead body of Shobhe Bai was conducted by Dr. Seema Thakur (PW-13) vide Ex.P-23A in which cause of death was stated to be excessive internal bleeding and fat embolism due to long bone fracture and death was homicidal in nature. Similarly, postmortem on the dead body of Fattu Nareti was conducted by Dr. Mohan Tikam (PW-14) vide Ex.P-24A in which cause of death was stated to be haemorrhagic shock due to excessive internal bleeding from ruptured vital organs (heart, left lungs) and death was homicidal in nature. The appellant was taken into custody and pursuant to his memorandum statement Ex.P-10, one wooden bamboo stick was seized from his possession vide Ex.P-13 and it was sent for inviting medical opinion of doctor whereupon Dr. Mohan Tikam (PW-14) in his query report Ex.P-26A has opined that the injuries found on the persons of the deceased could have been caused by the wooden bamboo stick which was seized pursuant to the memorandum statement of the appellant. However, though the said wooden bamboo stick was sent to the FSL for chemical analysis, but the FSL report was not brought on record to hold that the said lathi was used as the weapon of offence.

4. Statements of the witnesses were recorded un