JUDGMENT

Satyendra Kumar Singh, J. - The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973(2 of 1974) [in short Cr.P.C.] against the judgment dated 03.09.2013, passed by the Court of Additional Sessions Judge Sardarpur, Distt. Dhar (M.P.) in S.T. No.159/2012, whereby the appellants have been convicted under Section 449 and 302 of INDIAN PENAL CODE , 1860 (in short IPC) and sentenced to undergo R.I. for 10 years with fine of Rs. 2,000/- and in default of payment of fine, additional S.I. for 02 months and Life Imprisonment with fine of Rs.5,000/- and in default of payment of fine, additional S.I. for 03 months each respectively.

2. Prosecution story in brief is that:

(i) On 21.12.2011 at about 20:30 hours, when Complainant- Sunil, who was a minor boy aged about 8 years and was residing with his grand parents in Village- Chalani Mata, was studying in his grandmother's room in the light of diya and his grandfather Maan Singh was sleeping in the adjacent room, he heard screams coming out from his grandfather's room. He went to his grandfather's room and saw the appellants Parvat and Kailash giving axe blows on the head of his grandfather. He ran back and hide himself underneath the cot in his grandmother's room and saw that both the appellants came into the room of his grandmother and appellant Parvat gave axe blows on the head of his grandmother Bhuri Bai, due to which she fell down in front of the door and died, whereafter both the appellants fled away from the spot wielding axes in their hands. Complainant - Sunil then came out from beneath the cot and narrated the entire incident to his Aunt(Badi Ma) Sayri Bai, Uncle(Bade Pita) Kal Singh and Dhanna. Thereafter, he went to the Police Chowki Rajgarha and made complaint to the police, wherein he also stated that about 15 days ago, appellants' father Haaroo was died due to illness and appellants thereafter, use to fight with complainant's grand parents calling his grandmother a 'witch'(dayan) who was responsible for the death of their father and because of the said reason only, they have committed murder of his grandparents.

(ii) On the same day at about 22.30 hours, on the basis of oral complaint made by the complainant Sunil, S.I. O.P Aheer, lodged the FIR (Ex. P-1) against the appellants for the offences punishable u/S 302 r/w 34 of IPC. He also registered the Merg Intimation Report (Ex. P-28) about the death of the deceased persons and had sent both the above reports registered at 'Zero' at Police Chowki Rajgarha to Police Station Sardarpur for registration, on the basis of which in the same intervening night on 22.12.2011 at about 03.45 hours, FIR bearing crime no. 451/2011 (Ex. P-24) and at about 03.55 hours, Merg Intimation Report bearing no.76-77/2011 (Ex. P-29) were registered at P.S. Sardarpur, Distt. Dhar.

(iii) On the same day at about 07.30 hours, S.I. O.P Aheer went to the place of incident, prepared spot map (Ex,P-2), seized plain and blood soaked soil from the places, where dead bodies of the deceased Maan Singh and Bhuri Bai were found as per seizure memos Ex. P-5 and P-6 respectively. He also seized a diya i.e. lamp (Article-A) from deceased Bhuri Bai's room as per seizure memo (Ex. P-3). He called the witnesses issuing safina forms (Ex. P-15 & P-16), prepared Naksha Panchayatnamas (Ex. P-18 & P-17) of the dead bodies of the deceased Maan Singh and Bhuri Bai and vide applications (Ex. P-30 & P-31), sent the dead bodies of both the above deceased persons for post- mortem examination to Community Health Centre, Sardarpur.

(iv) On 22.12.2011 at about 13.30 hours and 14.30 hours, Dr. Nitin Joshi conducted the autopsy of the dead bodies of the deceased Bhuri Bai and Maan Singh. He opined that all the injuries found on the bodies of the deceased persons were anti-mortem and were caused by hard and sharp object, and the cause of death of the deceased Maan Singh was shock and external hemorrhage due to injuries on vital organs wi