Circumstantial evidence alone, without corroboration, is insufficient for conviction; inconsistencies in witness testimonies weaken the prosecution's case.

Judgment :

Rajani Dubey, J.

1. Since the aforesaid appeals arise out of the same judgment of conviction and order of sentence dated 02.07.2015 passed by the 2^nd Additional Sessions Judge, Raigarh (C.G.), in Sessions Trial No.20/2015, they are being heard together and disposed of by this common judgment.

2. By the impugned judgment, the appellants have been convicted and sentenced as under :

3. The prosecution story, in brief, is that on 23.11.2014, an information was given in Police Station - Kharsia by informant Malti Bai (PW-1) to the effect that the dead body of an unknown person was lying under the Adhapathra Sokhanala canal bridge. On the basis of this information, police registered merg intimation (Ex.P-1). After due inquiry, the deceased was identified as Chetan Dansena. During merg inquiry, inquest on the body of deceased was prepared and dead body was sent for postmortem examination to Community Health Center, Kharsiya, where Dr. Naveen Agrawal (PW-5) conducted postmortem on the body of deceased and gave his report under Ex.P-9 opining the cause of death of deceased to be asphyxia as a result of strangulation and death was homicidal in nature. After receiving the postmortem report and having confirmed that the deceased died homicidal death, on 28.11.2014, an FIR (Ex.P-12) for the offence under Section 302, 201 of IPC was registered against the unknown person and the police authority swung into action. Nazri naksha was prepared by the police. Statements of the witnesses were recorded according to their description. Accused/appellant Shankarlal in CRA No.840/2015 and Rukmani Bai in CRA No.846/2015 were taken into custody on 29.11.2014, and thereafter their memorandum statements were recorded. On the basis of memorandum statement of accused/appellant Shankar Lal in CRA No. 840/2015, upon his production/disclosure, a plastic rope, I.B. liquor bottle and disposable glasses were seized from the spot. On the basis of memorandum statement of accused/appellant Rukmani Bai @ Gidhhin in CRA No.846/2015, a blue colour two wheeler Maestro vehicle and shell of quilt (godri) were seized upon her production. Thereafter, upon finding the evidence of involvement of the accused/appellants in the commission of crime, accused/appellants Shankar Lal and Rukmani Bai were arrested vide arrest memo Ex.P-14 and P-15 respectively.

4. After completing usual investigation, charge sheet was filed against the accused-appellants under Sections 302, 201 of IPC before the jurisdictional Magistrate, who in turn, committed the case to the Court of Sessions for trial. The learned trial Court, on the basis of material contained in the charge sheet, framed charges against the appellants under Sections 302/34 and 201 of the IPC. The appellants having abjured guilt were subjected to trial.

5. So as to hold the accused-appellants guilty, the prosecution has examined as many as 12 witnesses. Statements of the accused-appellants were also recorded under Section 313 of the Cr.P.C. in which they denied th