RANDHIR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal arises out of the following facts :

(2.) Accused Randhir had borrowed 15 stone pieces from Daya Nand (since deceased) some three years earlier and though he had undertaken to return the stones or to make payment in lieu thereof, he had not done so. About a week prior to the incident, Daya Nand had again demanded the money from accused Randhir and his brothers Jit Singh, Ranbir and Daya Kishan but they threatened him with dire consequences. At about 9/9.30 P.M. on August 28, 1994 when Daya Nand was standing in the street in front of his house, accused Randhir carrying a plastic 'Can' containing kerosene oil in his hands and the other three accused came to the spot. Accused Ranbir raised a Lalkara that Daya Nand should not be allowed to escape. On this, At Singh and Daya Kishan caught hold of him and Randhir accused poured kerosene oil on him and Ranbir set him on fire. The alarm raised by Daya Nand attracted PW-2 Mukhtiar Singh and one Rohtash and after their arrival, all the accused ran away from the spot taking with them the plastic 'Can'. Rohtash and Mukhtiar Singh extinguished the flames and thereafter removed Daya Nand to the Medical College and Hospital, Rohtak, where he was medico-legally examined by Dr. Rajiv Sharma at 0.35 A.M. on August 29, 1994 and intimation to this effect was also sent to the police post in the medical college itself at 1.00 A.M. vide ruqa, EX. PJ. Intimation was also flashed to Police Station, Kharkhoda on which PW-8 ASI Ram Avtar reached the hospital and moved an application, Ex. PI, for ascertaining as to whether Daya Nand was fit to make a statement. Dr. Rajiv Sharma rendered his opinion in the affirmative vide Ex. P11 at 10.00 A.M. on August 29, 1994. ASI Ram Avtar thereafter recorded his statement, Ex. PH, in the presence of PW-7 Dr. Ish Chadha and on its basis, the formal F.I.R. was registered at 12.20 P.M. on August 29, 1994 for an offence punishable under Section 307/34 of the Indian Penal Code. Daya Nand died of his injuries on September 3, 1994 at 5.40 P.M. and his statement, Ex. PH, has accordingly been read as a dying declaration. On the completion of the investigation, all the accused were charged for an offence punishable under Section 302/34 of the Indian Penal Code and as they pleaded not guilty, were brought to trial.

(3.) In support of its case, the prosecution examined PW-1 Dr. Poonam Malhotra, who had carried out the post-mortem examination and had opined that the deceased had suffered 100% burns, which were sufficient to cause death in the ordinary course of nature; PWs. 2, 3 and 4 Mukhtiar Singh, Nafe Singh and Rajo, respectively, the three eye-witnesses to the incident; PW-7 Dr. Ish Chadha, in whose presence the deceased had made his dying declaration and PW-8 ASI Ram Avtar, the primary Investigating Officer, who had recorded the dying declaration. The prosecution, however, gave up Rohtash, who had been cited as one of the eye witnesses, as having been won over.