In cases based on circumstantial evidence, a chain of facts must be established that excludes all hypotheses except guilt. Suspicion arising from motive or telephonic contact between relatives is insufficient to prove conspiracy without evidence of a meeting of minds.

1 These two appeals are arising out of same sessions trial and common judgment, therefore they are being heard and decided together by this common judgment.

2 The appellants Parmeshwar Kanwar, Ram Prasad Mannewar and Surendra Singh Kanwar (in CRA No.430 of 2025) and appellants Harbhajan Singh Kanwar and Dhankunwar (in CRA No.724 of 2025) have challenged the impugned judgment of conviction and order of sentence dated 29.01.2025 passed by 3rd Additional Sessions Judge, Korba in Sessions Case No.67 of 2021 whereby the appellants have been convicted and sentenced in the following manner:

3 Brief facts of the case are that, the accused Harbhajan Singh Kanwar gave a Merg intimation Ex.P/50,51&52 to the police on 21.04.2021 at about 6:50 AM that his younger brother Harish Kanwar, sister in law Sumitra Kanwar and his niece Yashika have been murdered in their house by some unknown person and their dead body are lying inside their house. The police reached on the spot and recorded Dehati Nalis Ex.P/53. Inquest of dead body of deceased Harish Kanwar, Sumitra Kanwar and Yashika were prepared vide Ex.P/20,22 &21 in presence of witnesses and their dead body were sent for postmortem to Government Hospital, Korba. Dr. Madhu Anand, PW-15 conducted the postmortem of dead bodies of deceased persons and gave the postmortem report Ex.P/42 (Harish Kanwar), P/43 (Sumitra Kanwar) and P/44 (Yashika Kanwar).

4 While conducting the postmortem of deceased Harish Kanwar, the doctor noticed crush injury on head with fracture of Skull and ruptured brain material, incised wound on face left angle at mouth upper left ear level, incised wound on left side of neck and little finger of left hand is amputated. Injuries were grievous in nature and caused by hard and sharp object and opined that cause of death is shock due to head injury and massive hemorrhage from injured part, seems to be homicidal in nature.

5 While conducting the postmortem of deceased Sumitra Kanwar, the doctor noticed a non measurable irregular crush injury on right side of forehead with fracture of Skull and ruptured brain material and crush injury on right side of face with fracture of mandible, maxilary, nasal and orbital bones. The other injuries are incised wound on neck extended from in front of neck up to below right ear, incised wound on chest below neck and it was caused by hard and sharp object and opined that cause of death is shock due to head injury and massive bleeding from injured part, seems to be homicidal in nature.

6 While conducting the postmortem of deceased Yashika Kanwar, the doctor noticed non measurable crush injury on middle of head with and face with fracture of Skull, facial bone and ruptured brain material caused by hard and blunt object and incised wound below chest caused by hard and sharp object which were grievous of nature and opined that cause of death is shock due to head injury and massive hemorrhage from injured part, seems to be homicidal in nature.

7 FIR Ex.P/58 was registered under Section 302 IPC against unknown person. Spot map Ex.P/23 was prepared by the police and P/2 by the Patwari. During investigation CCTV footage was collected by the police from the shop of witness Mohd. Junaid in which two suspected persons were seen entering into the house of the deceased and coming o