JUDGMENT :

Sanjay K. Agrawal, J

This criminal appeal filed by the appellant-accused under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 27.11.2010, passed by the Court of learned Additional Sessions Judge (F.T.C.), Pendra Road, District Bilaspur (C.G.) in S.T. No.09/2010, whereby the appellant-accused has been convicted for offences: under Section 449 of IPC and sentenced to undergo life imprisonment with fine of Rs.100/- and, in default of fine, additional rigorous imprisonment for 01 month; under Section 376 of IPC and sentenced to undergo life imprisonment with fine of Rs.100/- and, in default of fine, additional rigorous imprisonment for 01 month; under Section 201 of IPC and sentenced to undergo rigorous imprisonment for 07 years with fine of Rs.100/- and, in default of fine, additional rigorous imprisonment for 01 month and under Section 302 of IPC (for committing murder of Shyamvati and her son-Neel Singh) and sentenced to undergo life imprisonment with fine of Rs.100/- (on 02 counts) and, in default of fine, additional rigorous imprisonment of 01 month (02 counts).

(2) The case of the prosecution, in brief, is that: the appellant on 03.12.2009, at Village Majhgawan, within the ambit of Police Station Pendra, District Bilaspur (CG) has committed rape with his sister-in-law, namely, Shyamvati Bai by entering into her house and, thereafter, on 04.12.2009, in order to avoid any discourse of said incident/offence by Shyamvati Bai, the appellant again trespassed the house of Shyamvati Bai and with the intention to kill Shyamvati Bai and her son, namely, Neel Singh, committed their murder by strangulation and further in order to escape and erase evidence of the said offence of murder, the appellant alongwith co-accused, namely, Madan Singh (who stands acquitted by learned trial Court), threw the deadbodies of Shyamvati and Neel Singh in the water of Bagdi Dam and, thereby, committed the offence under Sections 449, 376, 302 & 201 of IPC.

(3) In the instant case, it is admitted position on record that: deceased-Shyamvati Bai is sister-in-law of accused-appellant Birbal; deceased-Shyamvati was wife of Durbal Singh and Neel Singh was son of Durbal Singh; Durbal and accused-appellant Birbal both are brothers; Premvati (PW-03) is wife of Arjun, who is brother of both Durbal and Birbal; at the time of incident, accused-appellant Birbal was not staying in his Village- Majhgawan, but used to visit there some time.

(4) The further case of the prosecution, in nutshell, is that: on 03.12.2009 deceased- Shyamvati’s husband, namely Durbal had gone to his in law’s house at Pithampura for participating in ‘Dashgatre’ Ceremony; his wife Shyamvati and son-Neel Singh both were in his house at Majhgawan; on 05.12.2009, Durbal’s nephew, namely, Timman (son of Arjun) came at Pithampura and informed Durbal that his wife and son are not in his house and his house is open and in messed condition and household articles are scattered, on which, Durbal alongwith Timman came to his house at Majhgawan and started search of his wife and son at nearby places, but to no avail; on 07.12.2009 Padmesh Maravi (PW-01) saw dead-body of Neel Singh floating in Bagdi Dam and, thereafter, Durbal Singh was called who, in turn, identified the dead-body of his son, but as the reason of death was not known to him, on 07.12.2009 itself at 09 AM in the morning, Durbal Singh lodged marg intimation (Ex.P/18) at Police Station Pendra with regard to his son- Neel Singh, on which, the police of Police Station Pendra has prepared ‘Nagri Naksha’ of Bagdi Dam and at that time Premvati (PW-03) informed to police that: on 04.12.2009 in the evening Shyamvati met her and told her that she is not feeling well and she will die, but upon further inquiry, deceased-Shyamvati had not informed her anything else, deceased-Shyamvati was sleeping in her house, thereafter, on 05.12.2009 in the morning when she visited the house of Shyamva