IMPORTANT POINT
The reliability and trustworthiness of a child witness's testimony, as well as the sufficiency of evidence, are crucial in establishing guilt in criminal cases.

JUDGMENT :

Ramesh Sinha, Chief Justice

1. Since the aforesaid two criminal appeals have been filed against the impugned judgment dated 4.7.2023 passed by the First Additional Sessions Judge, Sakti, District Janjgir-Champa in Sessions Case No.03/2019, they were clubbed & heard together and are being disposed of by this common judgment.

2. Appellant-Kuldeep Sahu has preferred Criminal Appeal No.1492/2023 under Section 374(2) of the CrPC questioning the impugned judgment dated 4.7.2023 passed by the First Additional Sessions Judge, Sakti, District Janjgir-Champa in Sessions Case No.03/2019, by which he has been convicted for offence under Sections 302/34 and 450 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.1000/-, in default of payment of fine to further undergo RI for one year and RI for three years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for two months.

3. Appellant-Sakshi @ Chandni Domar has preferred Criminal Appeal No.165/2024 under Section 374(2) of the CrPC questioning the impugned judgment dated 4.7.2023 passed by the First Additional Sessions Judge, Sakti, District Janjgir- Champa in Sessions Case No.03/2019, by which she has been convicted for offence under Sections 302/34 and 201 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.1000/-, in default of payment of fine to further undergo RI for one year two months and RI for three years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for one year two months.

4. The case of the prosecution, in brief, is that the accused/appellant Sakshi @ Chandni Domar lodged the FIR in Baradwar Police Station to the effect that she is was married to Ramkishore Domar in Baradwar and their 4 years old daughter is Samiksha Domar. Her husband Ramkishore Domar was posted as Head Cashier in State Bank of India, Baradwar for last seven years. Her maternal home is near Ward No.10 Kanya Shala in Baradwar and after marriage she lives with her husband on rent in the house of Dinesh Agrawal near Sub-Tahsil office, Baradwar. On 22.09.2018 at about 8 P.M. due to Genesh immersion in her maternal locality, she and her daughter Samiksha had gone to the house of her mother Kiran Teji and her husband was in a rented house, she called her husband on his mobile at about 9.30 P.M., there was no response after several times. When she went to her rented house with her daughter around 11 P.M., the door was locked. The door was bolted from outside. After opening the door, she went inside the house and found that her husband Ramkishore Domar was lying dead on sofa in the hall. Some unknown person murdered her husband by slitting his throat with a sharp object, due to which a lot of blood came tout due to injury on the front of his throat. The palm of the left hand is also injured. Information of the incident was given to her mother Kiran Teji and her sister Chanda Valmiki through mobile phone and she also told the incident to her brother Chandan Teji. On the basis of report of accused Sakshi @ Chandni, Merg No.49/18 and FIR No.248/2018 for offence under Sections 450 and 302 of the IPC was registered in Baradwar Police Station vide Ex.P-22.

5. During investigation, it was found that accused Kuldeep Sahu was having friendship with deceased Ramkishore Domar for last 5-6 years. Due to friendship, Kuldeep Sahu used to visit Ramkishore’s house and used to talk to Ramkishore’s wife accused Sakshi @ Chandni Domar. During that time, accused Kuldeep Sahu had established an illicit relationship with Sakshi @ Chandni. Accused Kuldeep Sahu had borrowed money from deceased Ramkishore Domar. When Ramkishore came to know about Kuldeep Sahu’s illicit relationship with his wife, Ramkishore demanded money from Kuldeep Sahu and refused to come to his house. Since that time, both Kuldeep and Sakshi @ Chandni Domar were troubled by Ramkishore. Accused Sakshi @ Chandni Domar called the accused Kuldeep Sahu to her house and conspired