The central legal point established in the judgment is the significance of proper and timely identification proceedings in criminal cases, and the impact of doubts raised on the prosecution's case.

JUDGMENT :

Sanjay K. Agrawal, J.

1. The present are two criminal appeals under Section 374(2) of CrPC. Cr.A. No.11/2017 has been filed by Parasram Bandhe and Cr.A. No.1892/2019 has been preferred by his wife, Anita Bai.

2. Since these appeals have arisen out of the same impugned judgment passed by the Trial Court and the question of law and facts also being similar in these appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

3. Challenge in the present appeals is to the legality, validity and correctness of the judgment and order dated 18.2.2016 passed by the Additional Sessions Judge (Atrocity), District Rajnandgaon, in Sessions Case No.45/2015, by which A-1 Parasram and A-2 Anita Bai both have been convicted and sentenced in the following manner:-

4. In brief, the prosecution case is that during the period between 6:00 p.m. on 17.2.2015 to 11:00 a.m. on 18.2.2015, A-1 Parasram & A-2 Anita Bai along with the other juvenile co-accused, i.e., their son, Bhagwandas, in furtherance of their common intention, strangulated Belsiya Bai to death by pressing pillow on her neck and mouth and further concealed the evidence by hiding the pillow used in the said offence to screen themselves from legal punishment, thereby committed offence punishable under Sections 302, 201/34 of IPC.

5. The matter was reported by Kolhudas/Kolhuram (PW-8) at Police Station Gaindatola on 18.2.2015 at 2:00 p.m. stating that on 17.2.2015 he along with his entire family had gone to watch ramayan competition organized in their village and his father Sawantram and mother Belsiya Bai had come back to home at 6:00 pm. At 8:00 p.m., when he searched his mother Belsiya Bai for dinner, she was not found in the house and then he searched her everywhere around but she could not be traced. In the next morning, i.e., on 18.2.2015, at 11:00 a.m., his younger sister, Meena Bai, noticed the dead-body of their mother, Belsiya Bai, in canal drain near the field of Khemlal Sinha. Injuries were visible on her neck and her silver rings, golden necklace and nose ring were missing from her body.

6. On the said report, Merg Intimation was recorded vide Exhibits P-22 & P-23 and then FIR was registered vide Exhibit P-30 against the unknown person for the said offences. Spot Map was prepared vide Exhibit P-26. Inquest proceeding was conducted vide Exhibit P-3 and the dead-body of Belsiya Bai was subjected to post-mortem which was conducted by Dr. A.K. Basod (PW-4) vide Exhibit P-20A. Memorandum statement of A-1 Parasram was recorded vide Exhibit P-5 pursuant to which, 9 gold leaves and 4 gold beads were recovered vide Exhibit P-6. Similarly, the memorandum statement of A-2 Anita Bai was recorded vide Exhibit P-7 pursuant to which, one pair of silver ring was recovered vide Exhibit P-8. Likewise, pursuant to the memorandum statement (Exhibit P-9) of juvenile co-accused Bhagwandas, one golden nose ring was seized vide Exhibit P-10. Thereafter, the accused persons were arrested. Article A-1 is the thumb impression page seized vide Exhibit P-11. Statements of the witnesses were recorded under Section 161 of CrPC.

7. Subsequently, with a delay of about two months, an application dated 13.4.2015 (Exhibit P-31) was made by the S.H.O., Police Station Gaindadatola to the Executive Magistrate, Chhuriya requesting for test identification of the seized gold and silver ornaments. Pursuant to the said request, vide Exhibit P-19, test identification was conducted on