JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the appellants herein under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 28.04.2015 passed in Sessions Trial No.50/2014 by the 1st Additional Sessions Judge, Baloda-Bazar, District Baloda-Bazar, C.G., by which the appellants stand convicted & sentenced as under:-

2. Case of the prosecution, in brief, is that on 06.05.2014 at about 6:00 pm, appellants assaulted Radheshyam and his wife Ranichandrakali (hereinafter called as 'deceased persons') with wooden stick and by pelting stones, by which, they suffered grievous injuries over their bodies and died and thereby committed the aforesaid offences. Further case of the prosecution is that on the fateful day, while PW-14 Ku. Dhanwantin, PW-6 Lakeshwar @ Sonu and deceased persons were in the house, at that time, appellants came there, abused the deceased persons in filthy language and assaulted them with wooden stick and by pelting stones, as a result of which, they suffered grievous injuries and died. The said incident was witnessed by PW-14 Ku. Dhanwantin & PW-6 Lakeshwar@ Sonu, who are the children of the deceased persons. Thereafter, the matter was reported to the Police Station by PW-14 Ku. Dhanwantin, pursuant to which merg intimation was recorded vide Ex.P-16, FIR was registered against appellant No.1 Prince @ Pinju vide Ex.P-15 and spot map was prepared vide Ex.P-01. Inquest proceedings were conducted vide Exs.P-18 & P-19 anddead body was sent for postmortem examination which was conducted by PW-12 Dr. B.K. Sahu, who has proved the postmortem reports of deceased persons vide Exs.P-4 & P-5. According to postmortem reports, cause of death of the deceased persons was due to cardiopulmonary arrest, coma and haemorrhage & head injury and death of the deceased persons was homicidal in nature. Memorandum statement of appellant No.1 Prince @ Pinju was recorded vide Ex.P-14 consequent to which, clothes of appellant No.1 were seized vide Ex.P-3. From the spot, plain and blood stained soil, wooden stick and stones were seized vide Exs. P-9 to 13 respectively. Seized articles were sent to FSL for chemical examination but no FSL report has been brought on record. During the course of investigation, appellant No.2 Mahetaru Ram was also taken into custody as is evident from final report.

3. Statements of the witnesses were recorded under Section 161 of Cr.P.C. After due investigation, the appellants were chargesheeted before the jurisdictional criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which appellants abjured their guilt and entered into defence by stating that they have not committed the offence.

4. The prosecution in order to bring home the offence, examined as many as 16 witnesses in support of its case and exhibited 24 documents. Appellants in support of their defence haveexamined none and exhibited three documents i.e. Ex.D-1 to D- 3, statements of Smt. Neera Ratre, Kumari Dhanwantin and Smt. Kanti Bai recorded under Section 161 of Cr.P.C.

5. The trial Court after completion of trial and upon appreciation of oral and documentary evidence, by its impugned judgment, convicted & sentenced the appellants as mentioned in the opening paragraph of this judgment against which they have preferr