(1.) THE Appellants have preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure against the judgment dated 26.12.2001 passed in S.T. No. 237/99 whereby the learned Additional Sessions Judge, Mungeli, District Bilaspur has convicted the Appellants under Sections 341/34,302/34 & 302/34 of the I.P.C. and sentenced both of them to undergo S.I. for 1 month & R.I. for life imprisonment and to pay a fine of Rs. 1000/-, in default of payment of fine to undergo additional R.I. for 6 months on two counts for causing homicidal death of Gopal Giri & Parmeshwar Giri.
(2.) CASE of the prosecution, in brief, is that on 3.7.1999 around 9.00 p.m. complainant Chandra Sen Giri (PW-1) while going towards the house of his brother Ravi Sen (PW-7) saw the Appellants proceeding towards tank armed with axe & lance (barchi). In the same night around 9.45 p.m., Hemgiri (PW-4) told him that the Appellants have committed murder of Parmeshwar Giri & Gopal Giri near Dayali Bagicha. whereupon, they went to the place of incident and found both of them dead. Incident was witnessed by Hemendra Giri (PW-4) & Raghav Yadav (P W-10). Report of the incident was lodged by Chandra Sen Giri in the Police Out-post Pandatarai on the basis of which merg intimation of Ex. P-1 with respect to death of Parmeshwar Giri and Ex. P-2 for the death of Gopal Giri were recorded at about 00.30 hrs & 00.35 hrs on 4.7.1999. Thereafter, FIR of Ex. P-3 was recorded on 4.7.1999 at 00.45 hrs.
(3.) APPELLANT Rajesh was also sent for medical examination to Primary Health Centre, Pandatarai where Dr. Ashok Singh (PW-12) examined him and gave his medico legal examination report of Ex. P-25.