JUDGMENT :

RAMESH SINHA, J.

1. Since the aforesaid two criminal appeals have been filed against the impugned judgment dated 6.7.2022 passed by the First Additional Sessions Judge, Balod, District Balod in Sessions Case No. 30/2019, they were clubbed & heard together and are being disposed of by this common judgment.

2. Appellant-Mamta Yadav has preferred Criminal Appeal No. 1204/2022 under Section 374(2) of the CrPC questioning the impugned judgment dated 6.7.2022 passed by the First Additional Sessions Judge, Balod, District Balod in Sessions Case No. 30/2019, by which she has been convicted for offence under Section 201/34 of the IPC and sentenced to undergo RI for three years and fine of Rs.500/- in default of payment of fine to further undergo RI for 15 days.

3. Appellant-Siddharth Yadav @ Jimmy has preferred Criminal Appeal No. 1382/2022 under Section 374(2) of the CrPC questioning the impugned judgment dated 6.7.2022 passed by the First Additional Sessions Judge, Balod, District Balod in Sessions Case No. 30/2019, by which he has been convicted for offence under Sections 302 and 201/34 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.500/- in default of payment of fine to further undergo RI for 15 days and RI for three years and fine of Rs.500/- in default of payment of fine to further undergo RI for 15 days.

4. Case of the prosecution, in nutshell, is that on 26.3.2019 Kotwar Bharat Ram Netam made an information to the police of Police Station-Balod that one dead body of a woman is floating in Gangrel water canal at village Khairdih Khar, which was kept near the canal by the villagers of Dhanpuri. Neck of the dead body was broken and one rope is fastened on the leg. The police registered the case and took the matter under investigation. The dead body was identified as Kumari Anchal R/o Dhamtari. The police recorded the statement of the witnesses. During the course of investigation, accused Siddharth Yadav has stated in his memorandum statement that he along with her mother committed murder of the deceased by knife and thereafter loaded the dead body in the car and thrown in canal.

5. Merg intimation was recorded by Bharatram Netam vide Ex.P-1 and on the basis of merg intimation, FIR was registered vide Ex.P-26. Inquest was prepared vide Ex.P-3. Spot map was prepared by the investigating officer vide Ex.P4. Nazri naksha was also prepared vide Ex.P-5. Dead body of the deceased was sent for postmortem to Community Health Center, Gurur, where Dr. Aarti Dhruv (PW-2) and Dr. Karun Bambeshwar (PW-9) conducted postmortem vide Ex.P6 and found following injuries:

(i) Abrasion present on outer side of nose 2 x 1 cm.

(ii) Abrasion on left leg (2.5 x 0.5 cm)

(iii) Incised wound on left index finger (1.05 x tendon deep).

(iv) Abrasion on left arm above elbow (2.5 x 1.5 cm.)

(v) Abrasion on forehead right side (2 x 1 cm.)

(vi) Superficial pattern (round) injury on abdomen left side (4 x 3 cm.)

(vii) All injuries are antemortem in nature.

(viii) Stab wounds are fresh injury (Edges and injured tissue)

(ix) Abrasion are fresh injury (Dark red in colour).

The doctors opined that cause of death was due to antemortem ligature strangulation with stab injury and death was homicidal in nature. On 27.03.2019 laptop, pen drive, memory card, dongal WSB devise, one register, agreement paper, bank cheque book and 20 signed blank cheque book of Vineet Kumar were seized by the investigating officer vide Ex.P-7 from premises where deceased Anchal was residing on rent. Memorandum statement of appellant-Siddharth Yadav was taken vide Ex.P-9. Blood marks were seized from wall and wooden of house of the appellants vide Ex.P-11. The properties belonging to the deceased were seized vide Ex-12. Spot map was also prepared vide Ex.P-13. Bloodstained and plain soil were recovered from the spot where dead body of the deceased was thrown in presence of appellant-Siddharth Yadav vide Ex.P-15. Dead body identification panchnama was prepared vide Ex.P-31. De