Procedural integrity in identifying suspects is crucial; flaws render identification evidence unreliable, leading to acquittal in criminal cases.

on Board (05.04.2024) Sanjay K. Agrawal, J (1) Since common question of fact and law are involved and being arising out of a common impugned judgment dated 10.11.2017, on the joint request of learned counsel for the parties, these three criminal appeals are clubbed together, heard together and are decided by this common judgment.

(2) CRA-32-2018, CRA-76-2018 & CRA-1798-2017 have been filed by accused-appellants, namely, Rishi Kumar Sharma (A-1), Goutam Chauhan (A-2) and Pramod @ Bhawni Patel (A-3) respectively, invoking criminal appellate jurisdiction of this Court under Section 374 (2) of CrPC by calling in question the legality, validity and correctness of a common impugned judgment of conviction and order of sentence dated 10.11.2017, passed by the Court of 1st Additional Sessions Judge, Raigarh in Sessions Trial , Criminal Appeal No.32 of 2018 & Criminal Appeal No.76 of 2018) No.77 of 2016, whereby they have been convicted and sentenced as under:

• Rishi Kumar Sharma (A-1) & Goutam Chauhan (A-2) Conviction Sentence Fine Default Stipulation U/s 450/34 of IPC R.I. for 07 years Rs.1,000/- R.I. for 06 months U/s 302/34 of IPC (on two counts) Life imprisonment (on each count) Rs.1,000/- (on each count) R.I. for 06 months (on each count) U/s 307/34 of IPC R.I. for 10 years Rs.1,000/- R.I. for 06 months U/s 120-B of IPC R.I. for 10 years Rs.1,000/- R.I. for 06 months U/s 25 of the Arms Act, 1959 R.I. for 03 years Rs.1,000/- R.I. for 03 months U/s 27 of the Arms Act, 1959 R.I. for 03 years Rs.1,000/- R.I. for 03 months [All the sentences are directed to run concurrently]

• Pramod @ Bhawni Patel (A-3) Conviction Sentence Fine Default Stipulation U/s 450/34 of IPC R.I. for 07 years Rs.1,000/- R.I. for 06 months U/s 302/34 of IPC (on two counts) Life imprisonment (on each count) Rs.1,000/- (on each count) R.I. for 06 months (on each count) U/s 307/34 of IPC R.I. for 10 years Rs.1,000/- R.I. for 06 months U/s 120-B of IPC R.I. for 10 years Rs.1,000/- R.I. for 06 months [All the sentences are directed to run concurrently]

(3) The case of the prosecution, in short, is that initially appellants- Rishi (A-1) and Goutam (A-2) conspired with appellant- Pramod (A-3) and shared common intention of , Criminal Appeal No.32 of 2018 & Criminal Appeal No.76 of 2018) eliminating Khema Patel and Laxman Patel (hereinafter referred to as the “deceased persons”) and, in furtherance of their conspiracy and common intention, in the night of 20.08.2015, at about 09:30 PM, firstly appellants- Rishi (A-1) and Goutam (A-2) illegally trespassed into the house of the deceased persons and, thereafter, assaulted them as also to Premlata (PW-02) by means of knife, due to which, both the deceased persons suffered grievous injuries and died later on during the course of treatment on 26.10.2015 & 22.08.2015 respectively and Premlata (PW-02) suffered injuries which were sufficient to cause her death and, consequently, the appellants are said to have committed offences under Sections 450/34, 302/34, 307/34 & 120-B of IPC as also under Sections 25 & 27 of the Arms Act, 1959 .

(4) The further case of the prosecution is that deceased- Laxman Patel is the real son of deceased- Khema Patel out of the wedlock with his second wife- Premlata (PW-02), whereas the appellant- Pramod (A-3) is also another real son of deceased- Khema Patel out of the wedlock with his first wife. It is also the case of the prosecution that since, prior to the incident in question, Pramod (A-3) was in jail and suffering incarceration in another criminal case, he developed impression in his mind that his father- Khema Patel (deceased) and step brother- Laxman Patel (deceased) are