D.P. Singh, J. - (1.) Both the appellants stand convicted under Sections 302, 307 and 436 of the Indian Penal Code and have been sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for seven years against each of the Sections 307 and 436 of the Indian Penal Code, all the sentences to run concurrently.
(2.) Factual matrix leading to their conviction is as follows.- In the night of 27/28-6-1993 the informant after returning from his duties was sleeping with his three sons Md. Seraj Alam, Shamim Alain and Sajjad Alam in a room. According to him earlier he has read paper up to 12.30 p.m. and retired to sleep after keeping the door open. Further stated when he heard the sound of the closing of door and found that the door was closed, he called out his first son Shamim Alam to open the door because it was very hot but the son did not respond. Thereafter he got up and tried to open the door to find the same closed from outside. According to the informant when he was trying to get the door open, he saw some liquid falling inside the room through the ventilation of the room. Immediately thereafter a fireball fell inside the room and the whole room got afire. The informant raised alarm; in the meantime three sons sleeping inside the room caught fire. The informant and his sons could set out when someone from outside opened the door, to find that the door was locked from outside. The informant along with his injured son was brought to Central Hospital CCL, Loyabad where their treatment started. According to the informant someone having conspired, tried to kill them by put ting the room on fire after closing the door from outside.
(3.) This statement was recorded by S.I. Seraj Alam, O.C., Loyabad police station on 28-6-1993 at 6.30 hours in the hospital itself. Police registered Loyabad P.S. Case No. 75 of 1993 dated 28-6-1993 against 'unknown' and started investigation. During the treatment two sons of the informant, Seraj Alam and Md. Shamim Alam succumbed to their burn injuries. The police after investigation finally submitted charge-sheet against six persons including these two appellants for the offences under Sections 302, 307/436 of the Indian Penal Code. The trial of the accused persons was committed to the Court of sessions. The learned trial Court framed charges against six persons on 12-8-1993 under Sections 302,307,436/120B of the Indian Penal Code who pleaded not guilty and claimed false prosecution. However the trial Court after examining 18 witnesses for the prosecution and four witnesses for defence has found and held the appellants guilty for the offences as alleged and sentenced them to serve period of sentences as mentioned aforesaid.;