- (1.) Surender @ Tony and Mahender Singh, both were indicted for culpable homicide, amounting to murder of Mukesh @ Bhola on the evening of 21.7.2000. Consequently, vide judgment dated 23.4.2002, they were convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.3,000/- under Section 302 IPC each and to further undergo rigorous imprisonment for three years and to pay fine of Rs.1,000/- under Section 452 IPC each.
(2.) Brief resume of the facts is that on 21 st July, 2000 at about 1.45 p.m. Mukesh was present in his one room tenement and was watching a movie, when both the accused trespassed into the house; poured kerosene upon him; set him ablaze and fled away. The occurrence was witnessed by his wife Meenu (PW-5) and the accused was seen running immediately after the occurrence by Shanti (PW-7), mother of the deceased, (both having been declared hostile). However, after the occurrence Mukesh immediately went to his parental house at a small distance from where his brother Rakesh shifted him to the civil hospital, Sirsa where Dr. G.S. Somani sent ruqa Ex.PB to the police station, upon which ASI Roshan Lal reached the residence of Ms. Ritu Bahl, JMIC, Sirsa (PW-14) and moved an application Ex. PM before the Magistrate for recording the statement of Mukesh.
(3.) Thereafter, he moved another application Ex. PE before the doctor for seeking his opinion about the condition of the injured, over which the doctor opined Ex. PE/1 that the injured was fit to make the statement. At this Ritu Bahl, JMIC, Sirsa, recorded the statement of Mukesh at 4.45 p.m. who stated as under:- "I have asked the patient some general questions about his name, home and family. He is conscious and is giving correct answers. I now proceed to record his statement. Sd/-Ritu Bahl, D/JMIC, 21.7.2000 at 4.45 p.m. Statement of Mukesh @ Bhola son of Om Parkash, aged 20 years, resident of Thehar Mohalla, near Subhash Chakiwala, Sirsa. Q. What happened to you? How have your burnt? Ans. I had previous enmity with Manohar Journalist. I had gone to my in-laws house at Bhiwani. I had gone there on Saturday falling prior to 1 st July. It was perhaps 29 th . My brothers Rajesh, Mukesh his friend and my brothers Kaka and Bittu had quarrelled with Mahinder, Toni, Ashoki, Gulla, Ganga Ram and their father Manohar journalist. I do not know what happened. I had returned on 9 th July. My brothers etc. did not compromise the matter. My brothers had got bail, therefore, they were inimical. Today at 1/1.15 p.m. my wife was cleaning the utensils and I was watching the movie. My landlord Subhash and his family members were also not present. He had gone to Fatehabad with one of his sons from vend of Cinema and his second son Amar Nath was also away. His wife was also out of station. My room was having access through two gates. Mohinder and Toni had come through one of the gates and after pouring kerosene on me, set me ablaze and ran away. I raised hue and cry and wore a blanket. My wife poured water to put off the fire. I went to my parents, who were residing at a small distance. I was separate and living on rent. My brother Rakesh and his friend then shifted me in rickshaw to the hospital. Other family members reached later there. Q. Whether your brothers have any enmity with Rakesh etc? Ans. My mother kept on seeing the enemies coming out of my house. I do not know about their enmity because I never quarreled with any one and I was afraid of it. Q. Do you want to say something more? Ans. No.;