JASBIR SINGH,J - (1.) APPELLANTS were tried, convicted and sentenced under Section 302 read with Section 34 IPC for committing murder of Shugan Chand, by putting him on fire. Appellant No. 1 is the son, appellant No. 3 is the wife and appellant No. 4 is the daughter-in-law of the deceased. Appellant No. 2 is brother-in-law of appellant No. 1.
(2.) PRIMARY evidence against the appellants is in the shape of dying declaration (Ex. PF), allegedly made by the deceased to ASI Faquir Chand (PW-10), the investigating officer. The alleged witnesses to the occurrence had turned hostile at the time of trial. Briefly, it was case of the prosecution that on 22.8.1995, between 11 and 12 p.m., the deceased was put on fire by the appellants. He raised an alarm, which attracted his another son, namely, Suresh and his wife Shamo (PW-1). Rup Chand, brother of the deceased and his sons Om Parkash and Mohinder, also came there. They saw the appellants-accused running away from the spot. The deceased was brought to the hospital by Rup Chand, where he was medico-legally examined by Dr. Ramesh Kumar (PW-11) at about 12.45 a.m. on 23.8.1995. Above said witness also sent Ruqa/intimation (Ex. PN) to the police, on receipt of which, the investigating officer (PW-10) came to the hospital, moved an application Ex. PM, requesting the doctor to give opinion as to whether the deceased was fit to make a statement or not. On getting positive opinion from the doctor, the investigating officer proceeded to record statement of the deceased (Ex. PF). On conclusion thereof, it was attested by Dr. Ramesh Kumar (PW-11). On the basis of statement made by the deceased (Ex. PF), formal FIR was recorded against the appellants under Section 307/34 IPC. Sh. Shugan Chand succumbed to his injuries at about 12.00 p.m. on 23.8.1995. Thereafter, the FIR was converted to under Section 302/34 IPC.
(3.) AFTER recording of the FIR, investigation was conducted by Faquir Chand (PW-10), who inspected the spot, prepared a rough site plan (Ex. PO) and took plastic container and one half burnt shirt from the spot in his custody. The inquest report was prepared by Inspector Kishan Chand. Dr. J.P. Sethi, (PW-2) conducted the postmortem examination of the dead body of Shugan Chand.;