JUDGMENT :

Ramesh Sinha, J.

1. This criminal appeal filed by the appellants-accused under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 22.2.2016, passed by the learned First Additional Sessions Judge, Raigarh in Sessions Trial No.24/2014, whereby the appellants-accused have been convicted for offence under Section 302/34 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.5000/-, in default of payment of fine, to further undergo R.I. for 5 months to each of the appellants.

2. Case of the prosecution, in brief, is that deceased Kartikram had land dispute with his brothers namely, Veersingh and Harinath Singh (appellants herein) and on account of that, the appellants always threatened to deceased Kartikram to cause death. On 7.9.2014 at about 5-5.30 p.m. the appellants assaulted Kartikram by spade in Bahara field at village Jatari by which he sustained grievous injuries. Receiving the information about incident, Teejkumar (PW-1), nephew of the appellants and the deceased, reached to the spot whom Kartikram narrated the incident. Thereafter with the help of other persons, Kartikram was admitted to K.G. Hospital, Raigarh and thereafter he was shifted to Shree Balaji Superspeciality Hospital, Mowa, Raipur, where he died on 11.9.2014. Teejkumar (PW-1) lodged dehati nalishi on 8.9.2014 at about 15.45 p.m. vide Ex.P-1 and on the basis of dehati nalishi, FIR (Ex.P-14) was registered against appellant No.1-Veersingh for offence under Section 307 of the IPC, but later on, on the basis of story developed by the complainant when Kartikram succumbed to the injuries on 11.9.2014, name of appellant No.2-Harinath Singh has been implicated in the same crime as he was also involved in commission of offence. Dead body of the deceased was sent for postmortem to Pt. Jawaharlal Nehru Medical College, Raipur, where Dr.S.K.Bagh (PW-10) conducted postmortem over the body of the deceased vide Ex.P-9 and found following injuries:-

Dead body of thin built male, adult diaper present on waist, rigor mortis present on whole body. Both eyes semiopen, lip closed, tongue inside mouth, lower inciser teeth missing, socket absorbed, scalp hair shaven off, bandage present over right parietal vertex region of head.

INJURY:- HEAD:- Incised looking lacerated wound with stitches present on right side parietal to vertex region 12 c.m. long on cutting stitches, brain matter coming out on opening scalp. Dark and black ecchymosis present on right parietal, frontal and left parito frontal region diffusely.

Dr.S.K.Bagh (PW-10) opined that cause of death was due to cardiorespiratory failure as a result of head injuries and death was homicidal in nature. Inquest was prepared vide Ex.P-3. Spade was seized from village Puslada at the instance of Teejkumar (PW-1) vide Ex.P-4. Appellant-Veersingh was arrested on 13.9.2014 vide arrest memo Ex.P-18 and appellant-Harinath Singh was arrested on 16.9.2014 vide arrest memo Ex.P-19.

3. Statements of the witnesses were recorded. Bloodstains clothes of appellant No.1-Veersingh, bloodstains clothes of the deceased and spade were sent to Forensic Science Laboratory for examination, however, FSL report has not been received till date. After due investigation, the police filed charge-sheet in the Court of Judicial Magistrate First Class, Raigarh, who in turn, committed the case to the Court of Sessions, Raigarh, from where the First Additional Sessions Judge, Raigarh received the case on transfer for trial. The appellants/accused abjured their guilt and entered into defence that they have not committed any offence and they have falsely been implicated in crime in question.

4. In order to bring home the offence, the prosecution examined as many as 14 witnesses and exhibited 21 documents. The appellants-accused examined none in their defence, however, exhibited Exs.D/1 & D/2 in support of their case.

5. The trial Court upon appreciation of oral and documentary evidence