- (1.) Under challenge in this appeal is the judgment and order dated 24.11.2005 passed by learned Additional Sessions Judge/Fast Track Court No. 3, Mirzapur in Sessions Trial No. 307 of 1999, arising out of Case Crime No. 146 of 1999, Police Station Chunar, District Mirzapur whereby all the four appellants, namely, Smt. Krishnawati Devi, Rameshwar Dular Singh, Basanta Singh and Bhagwanta Singh were convicted for the offence under Section 304 read with Section 34 I.P.C. and were sentenced with imprisonment for life and also with fine of Rs. 10,000/- each with default stipulation of one month additional imprisonment. At present, appellant Ram Dular Singh is in custody from the date of judgment and other three appellants are on bail.
(2.) Abridged facts of this case are that on 1.4.1999 at about 7:00 a.m. complainant Hemant Singh (deceased) was going towards his pumping set. All the appellants intercepted complainant Hemant Singh on the road. He was caught hold by Bhagwanta and Basanta on the road in front of their pumping set. Thereafter wife of appellant Bhagwanta, namely, Smt. Krishnawati Devi poured kerosene oil on him and appellant Rameshwar Dular Singh set him ablaze with match stick. Hearing the noise of complainant Hemant Singh, his father Narsingh and his uncle Shiv Jungle Singh reached there. They subsided the fire. As the incident had taken place on a public way, therefore, some other persons also reached there. The complainant, because of his serious condition, was immediately taken to the District Hospital, Mirzapur. During his treatment at District Hospital Mirzapur, complainant Hemant Singh got the F.I.R. of this case scribed by Om Prakash Singh and sent it to the police station Chunar. On the basis of this F.I.R., the case was registered on 1.4.1999 at 2:00 p.m. During the pendency of the investigation, injured Hemant Singh, because of his serious condition, was referred to B.H.U., Varanasi for further treatment and management. In Varanasi he was admitted in Shivam Hospital and Medical Research Centre on 3.4.1999. On 20.5.1999 the patient was referred to B.H.U., Varanasi where he succumbed to the injuries at 1:50 a.m. on 21.5.1999. The postmortem on the body of the deceased was conducted on 21.5.1999 at 5:00 p.m. After the death of Hemant Singh, inquest proceedings were conducted.
(3.) Hemant Singh was admitted in District Hospital, Mirzapur on 1.4.1999. He was medically examined at 9:20 a.m. by Dr. H.V. Rai. He was admitted by his father Narsingh. As per medical examination report, following findings were noted by the doctor:- "Superficial to deep burn present all over body except left side face, front of abdomen and front of lower chest. Hairs of scalp are also singed peeling of epidermis present at many places with vesicles." "General condition of the patient was poor. Pulse was not palpable. B.P. was not record-able. Conscious. Respiration was 36/mt." In the opinion of the doctor, burn injuries were kept under observation. Patient was admitted. The injuries were caused by dry flame. Duration was fresh.;