MAHINDER SINGH AND ANOTHER Vs. STATE OF HARYANALABIC

JUDGEMENT

(1.) The present appeal filed by the convicts challenging their conviction and sentence and the revision for enhancement of sentence and award of compensation filed by Mangat Ram brother of the deceased-Phoola Ram have arisen out of judgment of conviction and order of sentence both dated 31.10.2012 passed by learned Additional Sessions Judge, Hisar in Criminal Case No.128 S.C. of 2000/2002 titled as "State Vs. Mahinder Singh and another" whereby the accused were convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short ' the IPC') and sentenced to undergo imprisonment for life and to pay fine of Rs.500/- each and in default of payment of fine to undergo rigorous imprisonment of 6 months.

(2.) Briefly stated, the case of prosecution is that on 29.10.2009, A.S.I. Satyapal, Police Station, Uklana received wireless message from Police Station, City Hisar regarding admission of Phoola Ram in Civil Hospital, Hisar with burn injuries. A.S.I. Satyapal alongwith other police officials reached Civil Hospital, Hisar and collected the 'Ruqa' (information received from the Medical Officer, Civil Hospital, Hisar) and the Medico Legal Report from the Police Post, Civil Hospital, Hisar and thereafter submitted an application to Sh. Sanjeev Arya, learned Judicial Magistrate, Ist Class, Hisar, who accordingly went to Civil Hospital, Hisar and after obtaining medical opinion as to fitness of Phoola Ram to make statement, recorded his statement. Phoola Ram stated that he is aged about 32 years and doing labour work. He has three children, two daughters aged nine years and three years and one son aged six years. Mahinder Singh s/o Jot Ram is having illicit relations with his wife. He had filed applications against him at the Police Station, Uklana and entered into compromise with him many times. His wife after staying for two or three days in the house would run away from the house and return after 4 or 5 days. Mahinder Singh used to send message to his wife through his children that they should send their mother for taking medicine. On 28.10.1999, at about 4:00/5:00 p.m. in the evening, he had gone for labour work and came back at about 6:00 p.m. He asked his wife to arrange for the water and set down and started smoking Biri with face towards the machine. Mahinder Singh was also present in his house but he had not seen him there. Mahinder Singh threw kerosene oil on him from a 'pipi' (iron container) of five litres and ran away out of the house. At that moment, his wife Kamlesh threw a lighted matchstick on him and set him on fire. He started running hither and thither and tore his clothes. His children raised alarm that Kaka had got fire and they threw water on him. His brother was living in the room which is in front of his room. During the time of the fire many persons from the village also gathered but he did not remember who were those persons because he had become unconscious. His wife and Mahinder Singh set him ablaze in order to kill him for the reasons that his wife was having illicit relations with Mahinder Singh. His wife ran away from the spot. Phoola Ram accordingly requested that action be taken against the culprits. Since, the victim was unable to put his thumb-impression due to burn injuries, after obtaining comments of the Medical Officer in this regard, toe impression was taken by the learned Judicial Magistrate, 1st Class, Hisar on the statement. A.S.I. Satyapal obtained the copy of the statement and sent the same to the Police Station, Uklana with his endorsement for registration of FIR. Accordingly, FIR No.138 dated 29.10.1999 was registered under Section 307 read with Section 34 of the I.P.C. A.S.I. Satyapal investigated the case, seized the kerosene iron container and burnt clothes, got the site plan of the place of occurrence prepared, recorded statements of witnesses and arrested accused-Kamlesh on 31.10.1999 and accused-Mahinder Singh on 01.11.1999. On death of Phoola Ram on 05.11.1999, Section 302 of the IPC was added and the investigation was taken over by Jai Singh, S.I. Police Station Uklana who recorded statements of witnesses including Saroj, nine years' old daughter of the deceased and on completion of investigation, in view of her statement, finding the evidence to be sufficient as to commission of offence punishable under Section 306 read with Section 34 of the IPC by the accused filed report under Section 173(2) of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') against them.

(3.) After supplying copies of report and documents to the accused, case was committed for trial to the Court of Sessions by learned Judicial Magistrate, 1st Class, Hisar. On finding prima facie case, charge under Section 302 read with Section 34 of the IPC was framed against the accused by learned Additional Sessions Judge, Hisar to which both the accused pleaded not guilty and claimed trial.