JUDGMENT :

Sanjay K. Agrawal, J.

1. Since both the above captioned criminal appeals have arisen out of one and same judgment dated 6-6-2014 passed by the 6th Additional Sessions Judge, Bilaspur in Sessions Trial No.187/2013 and since common question of fact and law is involved in both the appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

2. These two criminal appeals have been preferred by the two appellants herein under Section 374(2) of the CrPC against the impugned judgment convicting them for the offences punishable under Sections 302 read with Section 34 & 201 read with Section 34 of the IPC and sentencing them to undergo imprisonment for life with fine of Rs.100/- each, in default, to further undergo additional rigorous imprisonment for one month and rigorous imprisonment for three years with fine of Rs.100/- each, in default, additional rigorous imprisonment for one month, respectively, with a direction to run both the sentences concurrently.

3. The sole appellant in Cr.A.No.580/2014 namely, Sunil Kumar Ratre @ Kuglu (A-1) and the sole appellant in Cr.A.No.783/2015 namely, Vandana Vishwakarma (A-2), both, have assailed their conviction and sentences for offences under Sections 302 read with Section 34 & 201 read with Section 34 of the IPC.

4. Case of the prosecution, in a nutshell, is that in the intervening night of 13th & 14th August, 2013, at Village Chakarbhatha (Ward No.7, House of Sadhelal Satnami), Police Station Chakarbhatha, District Bilaspur, the appellants in furtherance of their common intention strangulated Manoj Vishwakarma {husband of appellant Vandana Vishwakarma (A-2)} and committed his murder and in order to screen themselves from the offence, destroyed the evidence and thereby committed the aforesaid offence. It is the further case of the prosecution that appellant Vandana Vishwakarma (A-2) has solemnized love marriage with Manoj Vishwakarma (deceased) and out of their wedlock, they were blessed with a son, and A-2 was residing with him at the time of offence and they were residing in the tenanted premises of Sadhelal Satnami (PW-8) in Ward No.7, Chakarbhatha Camp. It is also the case of the prosecution that on 14-8-2013, Arun Vishwakarma (PW-2) came to Police Station Chakarbhatha and informed that he has been informed by Sadhelal Satnami (PW-8) at Village Jalfa that Manoj Vishwakarma – brother of Arun Vishwakarma (PW-2), is lying dead in his room and his wife A-2 and his son are absconding, pursuant to which morgue intimation Ex.P-4 was registered and Inspector V.P.S. Chouhan (PW-11) reached to the spot and issued notices to the witnesses under Section 175 of the CrPC vide Ex.P-1 and prepared inquest vide Ex.P-2. Dead body of deceased Manoj Vishwakarma was sent for postmortem which was conducted by Dr. S.S. Gupta (PW-10) and his postmortem report is Ex.P-20. As per the postmortem report, cause of death is asphyxia due to strangulation and nature of death was homicidal. Thereafter, spot maps Exs.P-11 & P-12 were prepared. The appellants were apprehended and their memorandum statements were recorded vide Exs.P-7 & P-8 pursuant to which scarf was seized vide Ex.P-9 from the possession of accused / appellant Vandana Vishwakarma (A-2) and sickle was recovered vide Ex.P-10 from the possession of accused / appellant Sunil Ratre (A-1). Statements of the witnesses were recorded under Section 161 of the CrPC and after usual investigation, the two appellants herein were charge-sheeted for the aforesaid offences and charge-sheet was filed before the jurisidictional criminal court in which they abjured the guilt and entered into defence stating that they have not committed the offence and they have been falsely implicated.

5. In order to bring home the offence, the prosecution has examined as many as 11 witnesses and exhibited 22 documents Exs.P-1 to P-22. The defence has examined one witness Smt. Jyoti Ratre (DW-1) – wife of accused / appellant Sunil Ratre (A-1