JUDGMENT :

Sanjay S. Agrawal, J.

1. Since both these appeals have been preferred against the judgment of conviction and order of sentence dated 27.02.2021 passed by the First Additional Sessions Judge, Sakti in Sessions Trial No.17/2017, they are being disposed of by this common order.

2. In Criminal Appeal No.788 of 2021, the appellants (Phoolsai, Shiv Prasad @ Selgu and Gomti) have been convicted and sentenced as under:-

3. In Criminal Appeal No.387 of 2021, the appellants (Amar Prasad and Tikam Prasad) have been convicted and sentenced as under:-

4. The facts, which are essential for adjudication of this appeal, are that on 13.03.2017 at about 3.30 PM at Village Kudri, Tahsil Dabhra, District Janjgir-Champa, the appellants (Phoolsai) and his family members and other accused persons in furtherance of their common object have formed unlawful assembly armed with deadly weapons and committed the murder of Resham Lal Khunte and Mehettar Khunte and have injured Hira Lal, Gayatri Bai and Dhaneshwari with regard to the land dispute. A merg intimation was lodged by Dhaneshwari, the widow of Resham Lal Khunte with regard to the death of her husband and brother-in-law (Mehettar) on 13.03.2017 before the Police Station Dabhra vide Ex.P-3 & P-4, who in turn, registered the FIR (Ex.P-5) on 13.03.2017 against the accused persons namely Phoolsai, Shiv Prasad, Gomti Bai, Kanhaiya, Laxmi, Amar Prasad and Tikam Prasad and Chhotu under Section 147, 148, 149, 307 and 302 of IPC in connection with Crime No.86 of 2017. Inquest of the dead body of Resham Lal and Mehettar was conducted on 13.03.2017 vide Ex.P-17 and Ex.P-18 and spot map was prepared on 08.11.2017 Vide Ex.P.1. The injured Hira Lal and Dhaneshwari Bai were sent for their medical examinations. The dead body of Resham Lal and Mehettar was sent for autopsy on 13.03.2017, which was conducted by Dr. Hemant Kumar Sahu, (PW-11), who opined that the cause of death was due to cardio-respiratory failure vide Postmortem Report (Ex.P-20 & P-21), as a result of shock and hemorrhage and, accordingly cause of death was opined to be homicidal in nature. On the basis of disclosure statements of the appellants, an iron rod was recovered from the appellant-Phoolsai vide Seizure Memo (Ex.P-36) and an axe was recovered from his son Shiv Prasad and wife Gomti Bai vide Seizure Memos Ex.P-35 & P-34, respectively and lathi (stick) was recovered from the appellants-Amar Prasad and Tikam Prasad vide Seizure Memos Ex.P-33 & P-32 respectively. The alleged articles were sent for its chemical examinations and Forensic Science Laboratory Report was thereupon submitted vide Ex.P-52.