The main legal point established in the judgment is the requirement of establishing guilt beyond reasonable doubt, the application of res gestae principles, and the correct interpretation of legal provisions related to consecutive life sentences and the benefit of set off under Section 428 of Cr.P.C.

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This criminal appeal preferred 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 02.01.2015, passed by Additional Sessions Judge, Raighar in Sessions Case No. 167 of 2013, whereby he has been convicted for offence under Section 302 of IPC and sentenced to imprisonment for life with fine of Rs.1,000/- and, in default of fine amount, additional rigorous imprisonment for 01 year and also convicted under Section 450 of IPC and sentenced to imprisonment for life with fine of Rs.1,000/- and in default of fine amount, additional rigorous imprisonment for 01 year. [Both the sentences are directed to run consecutively and also to commence after the punishment imposed on the appellant in connected Criminal Appeal No. 1418 of 2023 arising out of Sessions Trial No. 166 of 2013, wherein he has been convicted for offences under Section 320 and 324 (on two counts) of IPC and sentenced to undergo life imprisonment and rigorous imprisonment for 03-03 years’ respectively alongwith fine and default stipulations. The appellant herein has also not been given the benefit to set off the period already undergone under Section 428 of Cr.P.C.

2. The case of the prosecution, in short, is that on 08.07.2015, at about 2:30 AM in the night, at Village Kondasiya, Kosiyapara within the ambit of Police Station Lailunga, the accused-appellant herein with the intent to commit murder, firstly unauthorizedly and illegally trespassed into the house of Thabir Sai Nag (PW-1) and, thereafter, assaulted his brother-Jagdish (for short herein after called as “deceased”) by means of iron ‘basula’ (adze) on his neck, due to which he suffered grievous injuries and died, and, thereby, the appellant is said to have committed offences under Sections 302 & 450 of IPC.

3. The further case of the prosecution, in brief, is that on 05.07.2013, in the house of Thabir Sai Nag (PW-1), 10th day ceremony of Smt. Samari Bai was to be performed and, on that account, Thabir Sai (PW-1) has invited all his relatives including the appellant herein and his wife- Janki (PW-4). It is further case of the prosecution that on said day, in the afternoon, the appellant herein asked his wife- Janki (PW-4) to accompany him and return back to their home at Village Sukwas, but when Janki (PW-4) refused to go, the appellant herein in anger started quarreling with her in filthy language and a dispute arose between them, in which, Dholi Bai, Maniyaro Bai and Jagmoti tried to intervene between them, upon which, the appellant herein assaulted Dholi Bai by means of knife on her chest, due to which she suffered grievous injuries and died, and the subject matter of such crime/incident was tried in separate trial being Sessions Case No. 166/2013, wherein he has been convicted and sentenced for offences under Sections 320 & 324 (on two counts) of IPC, which has also been challenged by the appellant before this Court in separate appeal being Criminal Appeal No. 1418 of 2023. Thereafter, in that night Thabir Sai (PW-1) alongwith one Mahesh (not examined) were sleeping in one cot and deceased- Jagdish was also sleeping in the same room on anther cot, and at about 02:30 AM in the night, when deceased- Jagdish started wiggling, Thabir Sai and Mahesh woke up and saw the appellant armed with blood stained iron adze (basula) standing towards the head of deceased- Jagdish and blood was oozing out from his neck and, after some time, the appellant went to another room and absconded from the spot and, thereafter, on the shout so made by Thabir Sai (PW-1) and Mahesh (not examined), other family members including Janki (PW-4) and Gangaram Nag (PW-5) woke up and reached to the spot and saw the appellant herein absconding from the spot armed with blood stained iron adze.

4. Thereafter, on the report so lodged by Thabir Sai Nag (PW-1), on 08.07.2013 at about 10:30 AM, the police registered marg intimation (Ex.