RAJVEER AND ORS. Vs. STATE

JUDGEMENT

(1.) This appeal is before us to question correctness of the judgment dated 22nd July, 1983 passed by learned IXth Additional Sessions Judge, Agra in Sessions Trial No.349 of 1982.

(2.) By the judgment impugned, learned Additional Sessions Judge recorded conviction of the accused-appellants for an offence punishable under Section 302 read with Section 34 of Indian Penal Code and awarded life term imprisonment.

(3.) The factual matrix necessary to be noticed for adjudication of this appeal is that in the intervening night of 5/6th April, 1982 deceased Barnam Singh was sleeping at his agriculture field. In night at about 11.00 pm accused Rajveer @ Tinna and Brijesh @ Pappu came to Barnam Singh and poured petrol upon him. The deceased then set ablaze. Hearing the screams of Barnam Singh, Shyam Bahadur Singh who was sleeping close to his tube well rushed to the place where Barnam Singh was sleeping and on transit he saw Rajveer and Brijesh fleeing from the spot of occurrence. On arriving at the place of occurrence, Shayam Bahadur Singh noticed that a cot, lathi and a jerrycan of petrol were lying there. Barnam Singh was screaming in high pitch, he was repeating that Rajveer and Pappu put him in flames. Balveer Singh and Bhagwan Singh also came to the place of occurrence and tried to save Barnam Singh by pouring sand on him. Barnam Singh then was taken to the hospital where the doctor on duty advised them to first get a police report registered. A report (Ex. ka-3) then was submitted at Police Station Bah, District Agra at 1.15 am. On basis of that, a case was registered for commission of an offence under Section 307 Indian Penal Code. Dr. B.P. Singh, Medical Officer at Primary Health Centre, Bah also submitted a written report (Ex.B-1) to do the needful. The Medical Officer also called the Sub-Divisional Officer/Magistrate to the hospital to get a dying declaration recorded. The dying declaration was recorded by Sri R.K.L Chaudhary, Tehsildar Bah at 2.00 am, 6th April, 1982. The Medical Officer also prepared an injury report at 2.15 am and as per that Barnam Singh was having 100% burn injuries and he was in semi conscious condition. Looking to the serious condition of Barnam Singh, he was referred for further treatment to Government Hospital, Agra but in transit he died. On receiving information about death of Barnam Singh, investigation was initiated by the investigating agency for an offence punishable under Section 302 Indian Penal Code. During the course of investigation, an autopsy was conducted on the person of deceased Barnam Singh and as per that the deceased was having the burns all over his body except the pelvis area just above the thighs. The report of autopsy is available on record as Ex.ka-5. During course of the investigation, the Investigating Officer recorded statements of relevant persons as per provisions of Section 161 of Code of Criminal Procedure, 1973 and also prepared several documents including a report of inquest.