PANKAJ NAQVI,J. - (1.) These criminal appeals are preferred against the judgment and order dated 24.10.2017, passed by the Sessions Judge, Moradabad, in S.T No.260/2017 (State vs. Pappi @ Mashkoor and others), arising out of Case Crime No.1332/2016, convicting / sentencing appellants under Sections 302/34 to life along with fine of Rs.25,000/-.
(2.) The prosecution case is as under: 1. An FIR dated 1.12.2016, arising out of Case Crime No.1332/2016, under Sections 307 IPC, P.S. Katghar, Moradabad, lodged by the informant, alleged that accused Pappi @ Mashkoor (brother-in-law), Naeema (sister-in-law) and Naeem (brother of Naeema) were harassing her to indulge in flesh trade as her husband had expired around 2 years ago, the informant (victim) refused to accede to the request, she was subjected to physical assault and also asked to vacate the house. On the day of occurrence, i.e., on 1.12.2016 at 1.30 PM, all the above 3 accused poured kerosene over her, accused Pappi and Naeema ignited the matchstick, threw the same at her, all the 3 accused surrounded her so as not to provide her any escape route. The victim on being set on fire, cried for help which attracted the arrival of neighbouring residents to douse the fire and chase the accused as also informed her relatives. 2. P.W.-2, brother of the victim, got the victim admitted in the District Hospital, Moradabad on 1.12.2016 at 2.20 PM with 80 % deep thermal and facial burns. Naib Tehsildar, Sadar, Moradabad (P.W.-5) was summoned telephonically to record the statement of the victim. P.W.-5 recorded the statement (Ext. Ka-6) of the victim on 1.12.2016 at about 8.48 PM in the hospital which concluded at 9.15 PM. Dr. A.K. Singh, Emergency Medical Officer, District Hospital, Moradabad, certified that the victim was fully conscious while recording her statement. The dying declaration reads as under: Annexed Memo Dying Declaration of Shaheen Parveen w/o Mansoor Hussain, aged 32 years, R/o Rahmatnagar, Karula Gali No. 1, PS - Katghar, Moradabad. Shaheen Parveen W/o Mansoor Hussain, aged 32 years, R/o Rahmatnagar, Karula Gali No. 1, PS - Katghar, Moradabad is fully conscious and well (...illegible...) to give dying declaration. Sd/-(illegible) Emergency Medical Officer District Hospital Moradabad 01.12.2016 8:45 P.M. Pursuant to the instructions given by Tehsildar Sadar, Moradabad, I came to the District Hospital Moradabad to record the dying declaration. Name: Shaheen Parveen W/o - Mansoor Hussain, Age: 32 years, Female; R/o: Rehmatnagar, Karula Gali No. 1, PS: Katghar, Moradabad, Date: 01.12.2016, 8:48 P.M. Gave personal introduction and told her of the importance of the declaration. Question: What is your name and address? Answer: My name is Shaheen Parveen. My husband's name was Mansoor Hussain. Around two years will have gone by in February, 2017 since his date of death. My address is Rehmatnagar Gali No. 1, Ahmed Raza Masjid, Karula, PS - Katghar, District - Moradabad Nagar. Question: How did this incident occur to you? Answer: I had been into a dispute with my devar (husband's younger brother) Mashkoor Hussain s/o Maqdoom Hussain over partition of the house for many days. Today i.e. 01.12.2016 at 12:30 O'clock I had a quarrel with my devar over partition of the house, during which he poured kerosene on me and set me ablaze. In commission of this act, my devrani (husband's younger brother's wife) Naeema Parveen and her brother Naeem aided my devar (husband's younger brother). When they set my body ablaze, I ran outside the house. People from the neighbourhood doused fire engulfing my body and saved me. Residents of the locality informed my mother and brother; thereafter, my brother and mother brought and admitted me to the hospital. Question: Have you anything more to say or narrate? Answer: I have two sons; one is 10 yrs old and other one is 9 yrs old. I wish the house to be partitioned, and my children to be given my share in the house. Now, I have nothing more to say. Shaheen Parveen w/o Mansoor Hussain is fully conscious while giving her dying declaration. D/d Sd/-(illegible) Emergency Medical Officer District Hospital Moradabad (Dr. AK Singh) EMODHMBI 9:17 P.M. RTI attested, Sd/-(illegible) 01.12.2016 Sd/-(illegible) 01.12.2016 (Rajkumar Bhaskar) Naib Tehsildar Nagar Tehsil and District - Morabadabad Date: 01.12.2016 Time: 9:15 P.M. Ex.-Ka-6
(3.) The victim on 1.12.2016 was referred to Medical College, Meerut or higher centre. She came to be admitted at Safdarjang Hospital, New Delhi on 2.12.2016 at about 1.15 AM. P.W.-6 / Dr. Jayant prepared the medico-legal report (Ext. Ka-8). The said report also incorporated the role of the above 3 named accused in setting her on fire. The victim succumbed to the injuries on 2.12.2016 at 7.55 PM. P.W.-7 / A.S.I. at P.S. Safdarjang Enclave, New Delhi after ascertaining the identity of the victim, carried out the inquest (Ext. Ka-13) at mortuary of the hospital.;