J R.CHOPRA,J. - (1.) IT is alleged against these two accused persons that they went to the Kotdi of Gopal (where Vithal resides as a servant of Gopal) about 8 or 9 in the night of 20th March, 1988.: The allegation of the prosecution is that Vithal has illicit relations with Baburi who happens to be sister of Latia and Babu, accused petitioners. They went there and asked him not to keep such relations with their sister to which he agreed but still it has been stated that these persons sprinkled Kerosene on him and lit fire to his clothes. Latia put cloth on his mouth so that he may not cry. They bolted the room from out side and went away. Vithal jumped from the window of the room from the back side of the house and ran away to his house. He was crying through out the way. It is alleged that report of the incident was lodged on 29 -3 -1988 because he was not in a position to move or to speak and his father Logar was in Gujarat.
(2.) MR . Mridul, appearing for the accused petitioners has submitted that this explanation given for the delay is absolutely false. In fact, his father Logar has been examined by the prosecution and he has stated that he was very much present at his house, when Vithal went there. According to Logar and his brother Laxman, the occurrence took place on 13 -3 -88 where as the injured Vithal has stated that the occurrence took place on 20 -3 -88 i.e. Sunday falling on 'Gangora' day. The Doctor who has examined the injuries of Vithal on 29 -3 -1988 has reported that these burns are of a duration within six days. Mr. Jain has further submitted that there are three versions of the occurrence i.e. according to his mother Naraini father Logar and real uncle Laxman and according to them the occurrence took place on 13 -3 -1988 but injured Vithal himself says that occurrence took place on 20 -3 -88 where as Medical testimony shows that it took place on 23 -3 -1988. There is no explanation as to why this report was not immediately made when such a serious incident has taken place with him. He has, therefore, submitted that the accused persons deserve bail. Mr. U.C.S. Singhvi, Public Prosecutor appearing for the State has submitted that these bums are not self inflicted. There cannot be any denying of the fact that the accused persons have burnt him. It may be possible that there may be some conflict in the testimony of the witnesses as regards the date of the occurrence but that does not mean that the case is false. When the accused persons have indulged in such a ghastly crime, they deserve no sympathy and, therefore, they should not be released on bail.
(3.) I have considered the rival submissions made at the bar and I have gone through the case diary.;