SHIV KUMAR SHARMA, J. - (1.) The appellants, three in number, who were the accused on the file of learned Special Judge SC and ST (Prevention of Atrocities) cases, Jaipur bearing Sessions Case No. 59/1999, convicted and sentenced vide judgment dated September 18, 2000 as under :- Anwar All alias Anwar Mulla : u/S. 394, IPC alternatively 394/34, IPC : To suffer Rigorous Imprisonment for seven years and fine in the sum of Rs. 500/- in default to further suffer Simple Imprisonment for three months. u/S. 302, IPC : To suffer Imprisonment for life and fine in the sum of Rs. 500- in default to further suffer Simple Imprisonment for three months. Aslam All and Muzaffar All : u/S. 394, IPC alternatively 394/34, IPC : To suffer Rigorous Imprisonment for seven years and fine in the sum of Rs. 500/ -, in default to further suffer Simple Imprisonment for three moths. u/S. 302/34, IPC : To suffer imprisonment for life and fine in the sum of Rs. 500/-, in default to further suffer Simple Imprisonment for three months. All the substantive sentences were directed to run concurrently.
(2.) The prosecution case as unfolded during trial is that Jalaluddin alias Pappu (now deceased) after coming from Pune started residing in a rented house situated in Jalupura Jaipur and assisting Anwar Mulla Contractor (appellant) in plaster of paris business. On December 19, 1998 Anwar Mulla along with two three persons came to the room of Jalaluddin and snatched from him a sum of Rs. 28,000/-. Thereafter they poured kerosene oil on Jalaluddin and Anwar Mulla set fire to him with the help of lighted match-stick in consequence of which the body of Jalaluddin got burnt and he rushed to the road where somebody sprinkled water on him and he was removed to the hospital. Dr. Sumant Dutta (P.W.17) examined the injuries sustained by Jalaluddin and found I, II, III degree C blackening of skin pealing off of skin blister formation (vide injury report Ex. P-32), Dilip Singh, ASI, Police Station, Jalupura recorded Parcha Bayan of Jalaluddin on December 19, 1998 at 11.35 p.m., on the basis of which FIR under Section 307/394, IPC was registered and investigation commenced. In the course of investigation Jalaluddin died. Post-mortem on the dead body was performed by Dr. Rajesh Kumar Verma (P.W. 14). As per post-mortem report (Ex. P-28) the cause of death was shock brought about as a result of ante- mortem burn, sufficient to cause death in ordinary course of nature. Following injuries were seen at the time of post-mortem :- "Superficial to deep burn with blackening of skin peeling of skin at places. Sign of inflammation signing of scalp and mody airs on following parts of body : (i) Head (Scalp and Scalp Hair) both ear pinna as whole both parietal region at posterior part and occipital region as a whole and signing of scalp hair up to root. (ii) Face and neck as a whole with signing of Beard at Eye lash Eye Brow. (iii) Chest and U of abdomen front and back as whole except region umbilical part at place anteriorly. (iv) Both extermities upper as a whole with both palms. (v) Hypo (torn) gestirior region, perineum and genitalia as a whole with signing of pubic hairs. (vi) Both lower limbs as a whole except plantic aspect of both feets. Both buttocks as a whole." After usual investigation charge-sheet was filed. In due course the case came up for trial before the learned Special Judge. Charges under Sections 302, 302/34, 394 in the alternate 394/34, IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution In support of its case examined as may as 18 witnesses. In the explanation under Sec. 313, Cr. P.C., the accused claimed innocence and examined one witness in defence; Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.
(3.) Learned counsel for the appellants made following submissions :- (i) From the evidence on record it appears that Jalaluddin committed suicide and the prosecution story that Anwar Mulla poured kerosene oil and set Jalaluddin ablaze is afterthought. (ii) Alleged dying declaration (Ex. P-25) and Parcha Bayan (Ex. P-21) are self-contradictory and they cannot be relied upon. (iii) It is not established that the person who gave statement to AJeet Kumar Hingar, Magistrate (P.W. 12) was Jalaluddin. In the bed-head-ticket name of Jalaluddin was not mentioned and certificate issued by Medical Officer was not proved. (iv) There is no evidence against Aslam Ali and Mujaffar Ali.;