Circumstantial evidence can establish guilt in absence of eyewitnesses, however, there must be a consistent and compelling chain of circumstances to uphold a conspiracy charge.

JUDGMENT :

Ramesh Sinha, C.J.

1. The appellant(s) have preferred these appeals under Section 374(2) of the Criminal Procedure Code, 1973 (for short, the Cr.P.C.) questioning the impugned judgment of conviction and order of sentence dated 06.04.2023 passed in Sessions Trial No. 46/2022 by the learned First Additional Sessions Judge, Bemetara, District Bemetara, by which the learned trial Judge has convicted and sentenced the appellant as under:

2. The appellants/convicts were charged under Section 120-B and 302 read with Section 34 of the IPC alleging that at about 11:30 a.m. of 20.07.2022 to 1:45 p.m. of 21.07.2022, at Boriyawandh Berla (behind Karokanya Temple), Police Station Berla, District-Bemetara, they along with the absconding accused Paras alias Tehku Ratre, conspired to murder Dharmendra Deshlahare (hereinafter referred to as ‘the deceased’) and in furtherance of their common intention under the aforesaid criminal conspiracy, caused the death of deceased by inflicting fatal injuries on his neck, head and jaw with a blade, stone and a quarter bottle of liquor, which amounts to murder.

3. The case of the prosecution in brief is that on 21.07.2022 at about 15:20 hours, the informant Manharan Deshlahare (PW-1) lodged a report about the death of deceased stating that on 21.07.2022 at about 2.30 p.m., he was in his house when his uncle Dukhwa Deshlahare (PW-2) told him that his cousin i.e. the deceased, son of appellant-Premchand Deshlahare, age 32 years, resident of Mini Mata Para Berla, was lying dead in Boria Bandh Berla behind Karo Kanya Temple. Then he came near Boriya Bandh Berla along with his uncle Dukhva Deshlahare (PW- 2) and Ajor Das Deshlahare (PW-3), Bhawani Ram Bajare (PW-5) of the locality and saw the deceased was lying dead, serious injury marks were visible on the left side of his head, above the left ear and on the left side of his neck, and that some unknown person had killed his brother by hitting him with a sharp weapon on his head and neck, causing serious injuries. On the basis of the above information of the informant, Dehati Merg Intimation (Exhibit P/1) was registered and after registering the Dehati Nalishi (Exhibit P/2) on the spot and preparing the inquest report (Exhibit P/5), the dead body was sent for post-mortem and after registering Merg Intimation No. 70/2022 (Exhibit P/40) in Berla police station and after investigation, FIR (Exhibit P/41) under Crime Number 274/2022 was registered against the accused in Berla Police Station and after complete investigation in the case, the charge sheet was presented in the court of Chief Judicial Magistrate, Bemetara, which was committed to the Court of Sessions, Bemetara.

4. Charges were framed against the appellants for the offences under Sections 302, 120-B and 34 of the IPC and was explained to them. The appellants denied the charges and prayed for trial.

5. In order to bring home the offences, the prosecution examined as many as 34 witnesses, namely Manharan Deshlahare (PW/1), Dukhva Deshlahare (PW/2), Anjordas Deshlahare (PW/3), Chandrabhushan Kurre (PW/ 4), Bhavaniram Banjare (PW/ 5), Usha Deshlahare (PW/ 6), Rajesh Gaikwad (PW/7), Krishna Kumar Dewangan (PW/8), Lavkush Sahu (PW/9), B