JUDGMENT

These two criminal appeals arise out of a common judgment delivered on 29.8.2023 in Sessions Trial No.107/2019 passed by Sessions Judge, Balaghat, holding both the appellants guilty of offence of Sections 460 and 394 IPC and sentencing each of them to 10 years and 7 years rigorous imprisonment and fine of Rs.5,000/- and Rs.3,000/- respectively with default stipulations.

2. Prosecution case is that Sunil Kankariya, who had a shop “Dharam Jewellers” situated on main road Balaghat, was found dead on 20.11.2017 at around 10:45 p.m. at the staircase of his house; his mouth was gagged by inserting a piece of cloth and there was an injury on his head; prior to the discovery of body, his nephew Mehul Kankariya became alert when he heard some activity on the staircase and a conversation in a very low voice; he looked out of his window and found that two persons were leaving the house in haste; he informed other family members and friends through phone calls and they all found Sunil Kankariya lying injured and dead on the staircase; police was informed and Marg case was registered; the CCTV footage available in the houses of Sunil Kankariya and Anil Kankariya were examined; the CCTV