The prosecution must establish a complete and cogent chain of circumstantial evidence beyond reasonable doubt; mere suspicion is insufficient for conviction.

JUDGMENT :

Ravindra Kumar Agrawal, J.

1. Since both the appeals arise out of same crime and same sessions case, they are being heard and decided together by this common judgment.

2. Both the appeals arise out of judgment dated 05.07.2022 passed by the 9th Additional Sessions Judge, Raipur, in Sessions Case No.231 of 2019 whereby the accused persons have been convicted for the offence under Sections 120-B and 302 IPC and sentenced them to undergo RI for life imprisonment with fine of Rs. 2000/- and RI for life imprisonment with fine of Rs. 2000/- respectively, in default of payment of fine, further RI for 1-1 year respectively. The sentences are directed to run concurrently.

3. Brief facts of the case are that the deceased K. Vishwanath Sharma was found injured in his house in the intervening night of 19-20th July, 2019. He was being taken to DKS Hospital Raipur where he died during treatment on 20.07.2019 at about 7:15 am. Intimation about his death was sent by the doctor of DKS Hospital to the Station House Officer of Police Station Gol Bazar, Raipur, vide Ex.P/1 and thereafter merg intimation was recorded by the Police Station Gol Bazar on 20.07.2019 at about 14:30 hours with respect to unnatural death of deceased K Vishwanath vide Ex. P/2. In the merg intimation Ex.P/2, the probable cause of death was shown as head injury due to assault. Inquest of the body of the deceased was prepared in presence of the witnesses vide Ex.P/4 on 20.07.2019 and the body was sent for its postmortem to Jawahar Lal Nehru Memorial Medical College, Raipur, where Dr. Shiv Narayan Manjhi, PW-9 has conducted the postmortem of the body of deceased and gave his report Ex.P/38 whereby he opined that cause of death of the deceased was due to hemorrhage and shock as as result of head injury. All the injuries were antemortem in nature and duration of injuries were within 12 hours prior to death. The merg intimation recorded by Gol Bazar Police was sent to the jurisdictional police station i.e. police Station Gudhiyari, Raipur where another merg intimation Ex.P/31 was recorded. An FIR Ex.P/43 was recorded for the offence under Section 302 IPC on 21.07.2019 against the unknown person.

4. Spot map Ex.P/37 was prepared by the investigating officer. Spot map Ex.P/9 was prepared by the Patwari. During investigation, the memorandum of the “A” Juvenile in conflict with law, Lavkush Shukla and K. Vamasilata was recorded on 22.07.2019 vide Ex.P/16, P/17 and P/18 respectively. On the basis of memorandum given by the accused persons in presence of witnesses, Samsung Mobile phone having SIM of Idea company bearing number 7089220000 and Apple iPhone-7 having SIM of Idea company bearing number 9644448752 was seized from accused Lavkush Shukla on 22.07.2019 itself vide Ex.P/19. From the accused K. Vamasilata @ Vamshi Sharma a mobile phone of Oppo company having SIM of Jio Company bearing number 7879429035, mobile of Samsung company having SIM of Idea company bearing number 7610344461 have been seized vide Ex.P/20. An iron hammer having wooden handle blood like stained was seized vide Ex.P/21 from the juvenile in conflict with law on the basis of his memorandum statement from the shrubs behind the house of one Sushil Agrawal near Marin Drive Garden, vide Ex.P/21. One half T-shirt and one Nokia mobile phone having SIM of Idea company bearing No.7089234875 and another SIM of Airtel bearing number 7607378709 was seized from juvenile in conflict with law vide Ex.P/22. From the accused Lavkush S