The court affirmed that the burden of proof in domestic homicide cases rests on the accused to explain their possession of evidence, with conviction based on circumstantial evidence being valid if the prosecution establishes guilt sufficiently.

JUDGMENT :

Rajani Dubey, J.

1. This appeal is directed against the impugned judgment of conviction and order of sentence dated 11.02.2019 passed by learned 2^nd Additional Sessions Judge, Sakti, District Janjgir-Champa (C.G.), in S.T. No.39/2016 whereby and whereunder appellants have been held guilty for commission of offence and sentenced as described below :-

2. The prosecution story, leading to conviction of the appellants is that on 01.09.2016 at around 11:30 pm, Head Constable Dalganjan Singh (PW-2) and Constable Umesh Kashyap (PW-11) of Police Station Hasaud, who were on patrol duty in Hasaud Town, reached Bajrang Chowk at 03.30 pm. They saw a motorcycle bearing registration No.CG 11 F 6411 coming from Jaijaipur, being driven by the accused/appellants and a sack was kept between them. The two constables tried to intercept the vehicle but they did not stop, then the vehicle was chased and it was stopped near Hasaud Bus Stand. When the police checked the jute sack, they found a body of woman inside it. Appellant No.2 - Rohit was driving the motorcycle and appellant No.1 - Leela Ram had kept the sack in the middle and was sitting at the back. Being enquired, they told that they are 2 brothers and 2 sisters, all are married and they have 10 acres of land. Their mother and sisters have got notices issued from Jaijaipur Tehsil regarding division of all the land into five parts and mother supported the sisters. Due to this reason, on 01.09.2016 at night, they strangulated the neck of their mother Jalbai (since deceased) and done to death in her room in village Kachanda while she was sleeping. They also stated that they were taking the body in a sack on a motorcycle to throw it in the Mahanadi river to hide the evidence. When the police caught them during patrolling, zero number merg and crime under Ex.P-5 was registered in Police Station - Hasaud. Inquest on the body of deceased was prepared under Ex.P-16 and death body of deceased was sent to C.H.C., Jaijaipur, where postmortem examination on the body of deceased was conducted by Dr. (Smt.) Saroj Kashyap (PW-07) and gave her report under Ex.P-17 noticing following injuries :-

1. Bruise (thumb mark) in the size of 1.5 cm x 1.2 cm present on right side of neck just 1 cm back to ear with radish brown in colour in oval shape. On cut section, the injury was dry and parchment caused by blunt object and the injury was antemortem in nature.

2. Multiple linear abrasions mark present over right side of neck measuring 3 cm x 0.1 cm x 0.1 cm, 2.5 cm x 0.1 cm x 0.1 cm, 5 cm x 0.1cm x 0.1 cm, 3.2 cm x 0.1cm x 0.1 cm, reddish in colour ill-define caused by hard and rough object and in injuries were antemortem in nature.

3. Bruise on left side of neck just below the mastoid region measuring 1.5cm x 1.2cm, ill- define reddish brown in colour with oval shape caused by blunt object. The injury was antemortem in nature.

4. Four bruise (finger mark) present over left side of neck measuring 2.1cm x 1cm, 1.3cm x 1cm, 1cm x 1cm, margin ill define, disc shaped reddish brown in colour. On cut section, dry and parchment like, caused by blunt object.

5. Contusion on right upper and lower orbital region measuring 5cm x 5cm, reddish blue in colour, conjunctiva congested and hemorrhage clot blood present, margine ill define, caused by hard and blunt object.

6. Contusion on left upper and lower orbital region measuring 6cm x 5cm, conjunctiva congested with hemorrhage, clot blood present, margin ill define, reddish blue in colour, caused by hard and blunt object.

7. Contusion on left side of face extending from left eyebrow region to left forehead measuring 4cm x 3 cm, reddish blue in colour, margin