DEVENDER ALIAS KALLU Vs. STATE

JUDGEMENT

(1.) THE appellant (hereafter called "Kallu") impugns a judgment and order dated 08.08.2003 in S.C. No. 125/1999 by which he was convicted for the offences punishable under Section 302/324 IPC. For the offence under Section 302 IPC, the appellant was sentenced to undergo life imprisonment and pay a fine of' 1,500/- in default of payment of fine the convict was sentenced to further undergo rigorous imprisonment for one month. For the offence under Section 324 IPC, the appellant was sentenced to undergo Rigorous Imprisonment for one year.

(2.) THE case of the prosecution is that, PW- 18 Durgesh and deceased Guddu @ Vinod used to sell fruits in Azadpur on a cart; both used to sleep on the cart itself at night. THE appellant Kallu also used to sell fruits in Azadpur and his cart used to be near the cart of the deceased and PW-18. THE appellant owed ' 7,000/- to the deceased. On 08.08.1999, he (the deceased) detained the appellant's cart and told him that he would not release it till the appellant returned the' 7,000/- borrowed by him. THE appellant threatened the deceased and said that he would "see" him later. On 08/09.08.1999 PW-18 and the deceased were sleeping on one cart. At about 4:30 AM PW-18 felt that someone had put some liquid substance on him due to which he woke up, even the deceased woke up and they saw that the appellant had poured some petrol like substance on them. THE appellant set the deceased on fire with a match stick. THE deceased sustained burn injuries on his entire body; PW-18 also sustained some burn injuries. PW-18 and the deceased raised an alarm and the appellant ran away. PW-2 Har Gobind @ Dabbu, who was sleeping on another cart tried to save PW-18 and the deceased and in the process he too sustained burn injuries on his arm. THE deceased and PW-18 were removed to J.P.N. Hospital. From the hospital, Duty Constable Babu informed police station Adarsh Nagar, recording D.D. No. 28A, stating that the deceased Guddu, PW- 18 Durgesh and PW-2 Har Gobind were admitted in the hospital with burn injuries. SI Mukesh Kumar reached the hospital and collected the MLC's of all the three injured persons and he recorded the statement of PW-18 Durgesh and got the case registered u/s 307/324 IPC bearing FIR No.415/99. He along with PW-18 and PW-2 reached the spot and seized burnt articles like cart, bed sheet, shirt, bunch of keys, blanket, shoes, tarpaulin etc and also prepared the site plan. At about 11:10 AM Constable Anil informed PS Adarsh Nagar that Guddu @ Vinod had died, recording D.D. No. 21B. Section 302 IPC was added in the FIR. On 10.08.1999 inquest proceedings were conducted by Inspector Jagdish Pershad and the dead body was sent for post mortem examination. On 17.08.1999, the appellant was arrested from the Court and he made a disclosure statement. On 18.08.1999 on the basis of his disclosure statement a plastic can which was thrown by him behind the fruit shops at Parmeshwari Bagh was recovered and seized. Charge was framed against the appellant under section 302/307/324 IPC. THE appellant pleaded not guilty and claimed trial.

(3.) PW-3 Munshi Ram, is also a fruit vendor i in Azadpur Market. He deposed that he used j to park his rehri in front of Ayodhya Mill in Azadpur Market and used to sleep on his rehri at night; several persons including the deceased, PW-18 and PW-2 also used to park their rehris there and sleep on them at night. In the month of Asadh, on the 5th day of the month in 1999, at about 4/4:30 AM the Appellant came where all of them were sleeping on their rehris and lighted a match-stick. He stated that when he (PW-3) asked the appellant what he was doing, the appellant told him that he was searching for some money. PW-3 saw the appellant haying spirit in a panni (can of plastic) and thought that the appellant was going to relieve himself. The appellant burnt a fire underneath the rehri of the deceased and on PW-3's asking as to what he was doing, the appellant told him to be quiet and let him (appellant) do what he was doing. PW-3 further deposed that the Appellant set the deceased on fire and poured the material which was in the panni on the deceased and ran away. He stated that he asked the deceased to get up as he had been set on fire by. the appellant and since the deceased suddenly woke up, the flames on the deceased rose high. Even PW-18, was sleeping on the same rehri. PW- 3 deposed that he along with the help of others put out the fire and threw a quilt on the deceased. He stated that he had known the appellant for a long time.