When a skeleton or body part is recovered, the prosecution must prove its identity as the victim's, typically via DNA profiling; failure to do so, coupled with hostile witnesses, entitles the accused to the benefit of doubt.

Digitally signed by NAFR KHAN SAIFAN KHAN

(1) Invoking criminal appellate jurisdiction of this Court, 03 appellants herein have preferred this criminal appeal under Section 374(2) of Cr.P.C., calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dated 04.07.2018, passed in Sessions Case No.323 of 2016 (State of Chhattisgarh v. Kawasi Joga and others) by the Sessions Judge, South Bastar, Dantewada (CG), whereby they have been convicted and sentenced as under:

[All the sentences are directed to run concurrently]

(2) The case of the prosecution, in short, is that on 18.03.2016, at about 08:00 PM, in house of the first informant- Smt. Rambati Yadav (PW-01), situated at Village Mekhavaya, which comes within the ambit of Police Station Sukma, District Sukma (CG), the accused-appellants herein, in furtherance of their common intention, firstly trespassed into the house of the first-informant- Smt. Rambati Yadav (PW-01) and, thereafter, started quarreling with her mother, namely, Smt. Sukara Yadav (hereinafter referred to as the “deceased”) on previous dispute and also assaulted her by means of wooden log, due to which, deceased suffered grievous injuries and died and, thereby, said to have committed the aforesaid offence.

(3) It is further case of the prosecution that when the aforesaid incident was reported to the police by Smt. Rambati Yadav (PW-01), merg intimation (Ex.P/01) and FIR (Ex.P/02) were registered and wheels of investigation started running, in which, summons under Section 175 of CrPC were sent and inquest proceedings were conducted. Nazari Naksha was also prepared vide Ex.P/16. Bone of the deceased from the place of cremation were also seized vide Panchnama (Ex.P/03). The said bones recovered vide Ex.P/03 were subjected to medical examination, which was conducted by Dr. Gyanendra Kumar (PW-09) and, as per his Medical Report (Ex.P/20), it has been opined that though it’s a right side female human bone, but age and cause of death could not be ascertained, therefore, the said bones were preserved for DNA test and handed over the concerned police constable. However, no DNA test has been conducted for the reasons best known to the prosecution. Further, accused-appellants were arrested vide Ex.P/08 to Ex.P/10. Memorandum statement of appellant- Kawasi Joga (A-1) was recorded vide Ex.P/04 and, pursuant to which, wooden stick and his shirt have been recovered vide Ex.P/05 & Ex.P/06. The seized articles were sent for chemical examination and, as per FSL report (Ex.P/28) it has been opined that no stains of blood were found either on the wooden stick or on the shirt seized from the appellant- Kawasi Joga (A-1). After statements of witnesses were recorded and due investigation, the police filed charge-sheet against the appellants in the competent criminal court having jurisdiction and, thereafter, the case was committed to the Court of Sessions for hearing and trial in accordance with law, in which the app