(Mrs.) Saroj Bala, J. - (1.) THIS criminal appeal is directed against the judgment and order dated 29.10.1982, passed by the Additional Sessions Judge-II, Moradabad in Sessions Trial No. 438 of 1981, State v. Sheoraj and others, whereby convicting the appellants for the offence under Section 302/34, I.P.C. and sentencing them to rigorous imprisonment for life.
(2.) THE essential facts leading to the appeal are that on 8.12.1979 at about 7 a.m. the victim alongwith her elder sister Bhuri (P.W. 2) had been going to the jungle for grazing pigs. Her sister was ahead of her. On hearing the outcries of 'save save' the witness (P.W. 2) turned back and saw accused-appellants setting fire to her sister with sugarcane leaves. THE incident took place in the eastern corner of the gher of Malkhan situated in the jungle of village Hasha Nagla, within the territorial limits of police station Mainather. THE witness Bhuri was threatened with dire consequences when she went forward to help her sister. THE motive behind the commission of offence was litigation for land with Ram Charan, father of the appellants. THE first informant Gendan Lal (P.W. 1) had gone to Moradabad to attend his case fixed on 7.12.1979 and he reached home at about 1 p.m. on 8.12.1979 on receiving information about the incident. He found his daughter at his house lying unconscious. He rushed his daughter to the District Hospital, Moradabad where she was medically examined by Dr. Y. C. Gupta (P.W. 8) on 8.12.1979 at 5.22 p.m. and following injuries were noticed on her body as per injury report (Ext. Ka-12). 1. Burns on the whole of the back of both sides chest and both buttocks and total back. 2. Burns on the total front of right thigh. Burns on the front of left thigh. Burns on the whole of the abdomen and lower part, both sides chest, involving the right side full breast and a part of left breast.
(3.) BURNS on the front of right upper arm. Burns on the front and back of the left upper arm. The general condition was very low. Pulse not palpable. B. P. was not recordable. The patient was unconscious. Duration was about half day. The injuries were caused by burns. 3. The F.I.R. (Ext. Ka-1) was lodged on 8.12.1979 at 7.05 p.m. On the basis of written report (Ext. Ka-1) check F.I.R. (Ext. Ka-4) was prepared by H. M. Har Dayal Singh and crime was registered at serial No. 58 (Ext. Ka-5) of the General Diary. Entry of memo (Ext. 1), received from the hospital on 8.12.1979 at 6.05 p.m. was made in the general diary (Ext. Ka-3). The crime was initially registered at the police station Kotwali. The written report, check F.I.R., medical report etc. were sent to police station Mainather through constable Abdul Wahab of police station Kotwali and entry in the general diary was made on 10.12.1979 at 10.50 hrs. (Ext. Ka-2) by H. C. Visheshwar Dayal Saxena (P.W. 3). 4. The dying declaration (Ext. Ka-23) of injured Km. Krishna was recorded by Executive Magistrate, G. D. Rustagi (P.W. 10) on 10.12.1979 between 12.35 p.m. to 12.50 p.m. Dr. K. K. Nimbooria (P.W. 11) posted as Medical Officer in the District Hospital, Moradabad gave certification (Exts. Ka-24 and 25) of fitness of patient Km. Krishna to give her statement before the recording and after the recording of dying declaration. He identified the thumb impression of Km. Krishna (Ext. Ka-26) over the dying declaration. 5. The crime was investigated by S.I. Tej Pal Singh (P.W. 6). He visited the place of offence and prepared the site plan (Ext. Ka-11). He recorded the statement of the injured Krishna (Ext. Ka-10) on 11.12.1979 in the District Hospital, Moradabad. He interrogated the first informant and his elder daughter Bhuri. The injured Krishna having died in the hospital on 12.12.1979, the crime was altered to Section 304, I.P.C. and an entry was made in the general diary (Ext. Ka-12) on 19.12.1979 at 8.05 a.m. 6. The inquest on the dead body was conducted by S.I. Om Prakash. He prepared the inquest memo (Ext. Ka-6), challan lash (Ext. Ka-7), photo lash (Ext. Ka-8), letter to C.M.O. (Ext. Ka-9) during the course of inquest and sealed the dead body. The dead body was handed over to constables Dinesh Chandra Sharma (P.W. 4) and C. P. Chandra Pal Singh for transportation to mortuary for post-mortem. Dr. M. K. Singhai (P.W. 7) conducted the autopsy on the dead body of Km. Krishna and prepared the post-mortem report (Ext. Ka-19). The death was caused due to shock and septicemia as result of burn injuries. He expressed the possibility of the victim sustaining burns on 8.12.1979 at 7 a.m.;