- (1.) M. C. Jain, J. Seven persons have preferred this appeal. They are - (1) Ami Chand (2) Vikram (3) Kripal (4) Bhullan (5) Raj Pal (6) Ajab Singh and (7) Sat Pal. The judgment assailed is one dated 10-10-1980 passed by Sri S. B. Singh, the then III Additional Sessions Judge, Ghaziabad. All of them have been convicted under Section 302 read with Section 149 I. P. C. and sentenced to life imprisonment. That apart, Vikram, Bhullan, Kripal and Rajpal have been convicted for the offence of rioting under Section 147 I. P. C. and sentenced to 1- 1/2 years rigorous imprisonment. The remaining three, namely, Ami Chand, Satpal and Ajab Singh have been convicted for the offence of rioting under Section 148 I. P. C. with the sentence of 2 years' rigorous imprisonment. All the sentences have been ordered to run concurrently.
(2.) APPELLANTS Amichand, Ajab Singh and Satpal died during the pendency of the appeal, which abated respecting them under order dated 11-12-2003. A resume of necessary facts would be helpful. The incident occurred on 1-8-1976 at about 8. 00 a. m. in Village Joya, Police Station Pilkhuwa, District Ghaziabad and the report was lodged the same day at 12. 15 p. m. by PW 4 Harbir Singh (son of accused Vikram Singh ). The distance of Police Station from the place of occurrence was about four miles. The deceased was Smt. Jaswanti wife of Sukhpal-the younger brother Vikram Singh accused. The accused Ami Chand was the uncle of accused Vikram through his grand-father. The accused Satpal was the son of accused Ami Chand. Accused Rajpal and Kripal are the real brothers and Bhullan is the son of Kripal, whereas Ajab Singh was the son of Rajpal. Relations between the accused Vikram and his son Harbir complainant were strained to such an extent that Vikram was not even giving food to him. Harbir demanded his share in the property but the same was also refused. Because of strained relations with his father, the complainant started living with his uncle Sukhpal and aunt Jaswanti deceased. Sukhpal was employed in armed forces. Brahmpal- husband of PW 3 Smt. Ramwati is also the real brother of the accused Vikram. Though Harbir was residing with Jaswanti but he did not altogether stop coming to his father's house, stealing articles, ornaments etc. there from. A day before the fateful incident, Harbir had stolen some ornaments from his father's house. The said ornaments were returned by him on the intervention of PW 5 Pitam-real brother of deceased Jaswanti. The accused Vikram felt ill because of the theft committed by his son Harbir. He formed the impression that it had been got done by Jaswanti, though PW 5 Pitam had explained it to the accused Vikram that Jaswanti had nothing to do with the theft of ornaments. The background of strained relations between Vikram and his son Harbir and living of the latter with Jaswanti coupled with the theft of ornaments by him (Harbir), which were subsequently returned, was said to be the motive of the incident of this case. On the fateful day, at about 8 a. m. Jaswanti was cutting cattle fodder from her field near her house. This accused persons reached there variously armed. Ami Chand had a spear whereas Ajab Singh and Satpal were armed with pistols. The other accused persons were armed with lathis. At that time PW 3 Smt. Ramwati was feeding her cattle in the Gher. The complainant Harbir was also there. Soon after reaching there, accused persons started assaulting Jaswanti, holding out that she had spoiled the complainant. After assaulting her, the accused poured diesel on her and set her afire. They also tried to assault the complainant by running towards him but he escaped and saved himself. The complainant went to the Police Station where he lodged the F. I. R. scribed by him. On the basis of the same, a case was registered. Investigation was taken up by P. W. 7 SI Chandra Pal Singh who recorded the statement of the complainant at the Police Station itself. He left for the site and reached there at about 1. 30 p. m. There he inspected the dead body and prepared inquest report alongwith other necessary papers. Badly burnt dead body was sealed and sent for post mortem. The Investigating Officer also took in possession the container from the spot from which the diesel was sprinkled on the dead body. A rod and a bamboo were also recovered by him. The site plan of the place of occurrence was prepared. The statements of the witnesses were recorded. The next day he arrested accused Ami Chand, Kripal and Vikram. He took in possession a blood stained Baniyan from the person of accused Vikram. In the meantime, the other accused surrendered in the Court. The Investigating Officer was thereafter transferred and investigation was taken over by S. I. Onkar Singh who submitted the charge-sheet.
(3.) POST-mortem over the dead-body of the deceased was conducted by PW 2 Dr. V. K. Bharadwaji on 3-8- 1976 at 10. 15 a. m. The deceased was a middle aged lady and about two days had passed since she died. External examination revealed charred mutilated portion of body having parts of occipital and parietal bones, vertebrae, cervical, thoracic and lumber region including sacrum and portion of left iliac bone. Soft tissues were attached at places. Scalp in the size of 12 cm x 17 cm at back portion was in charred condition and left parietal bone was fractured. Heart was charred and chamber empty. Liver was also charred. Left side of kidney was also decomposing. A gunny piece (Tat) measuring about 12 cm x 10 cm was sticking to the skull bone and hairs (mostly of golden colour and few of white colour) of the length of 12 cm were also sticking to it. Length of body from occipital to sacrum region was 78 cms. The exact cause and manner of death could not be stated. The accused pleaded not guilty and alleged false implication due to enmity with Om Prakash @ Prakash. It was also stated that they had heard in the village that Jaswanti was killed by the brothers of PW 3 Ramwati in the night.;