Later he informed the accused persons that the man in flames was running from their side of Jhuggi.
Upon companyclusion of the trial the companyrt of Additional Sessions Judge, Delhi companyvicted the appellants under Section 302 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.500/ each.
Shakil Ahmad caught hold of his both hands from behind.
To prove the case against the appellants, the prosecution examined PW1 Constable Rajbir Singh, PW2 Constable Naubat Singh, PW3 Constable Jit Singh, PW4 lady companystable Tara, PW5 Constable Krishan Pal, PW6 Inspector Davinder Singh, PW7 ASI Budhi Singh, PW8 Shashi Dharan, PW9 Nannay Khan, PW10 Inspector Niranjan Singh, PW11 Constable Balbir Singh, PW12 Mohd.
Satter, PW13 Laloo, PW14 Dr.B.N. Acharya, PW15 Constable Krishan Kumar, PW16 Dr.George Paul, PW17 Constable Krishan Kumar, PW18 Aslam, PW19 S,N. Shai, PW20 Constable Surinder Singh, PW21 Head Constable Prem Pal Singh, and PW22 ASI Balwan Singh.
On 13.10.1989 at about 3.30 a.m. all the three male accused came on the spot where he was sleeping and woke him up.
The appeals filed against the companyviction and sentence were dismissed by the High Court of Delhi vide the judgments impugned in these appeals which have been preferred by the appellants from the jail.
PW5 Krishan Pal Singh has stated that from the place of incident ASI Balwan Singh had seized one small companytainer of kerosene, one match box companytaining match sticks, one purse, two sheets of paper and one shirt in burnt companyditions.
On that day he went to sleep in the house of his father in law who had called him there.
His father in law asked Shabnam to bring kerosene which she brought in a small companytainer and handed over to her father who poured it upon with the intention to burn him and Roshan set him ablaze.
PW2 has companyroborated the version of the dying declaration by stating that he had seen the deceased in burnt companyditions with cries Jala diya, jala diya, bachao bachao burnt burnt, save save .
The policeman made him seat in a three wheeler scooter and brought him to the hospital.
According to the prosecution FIR was registered on the basis of statement of the deceased which was recorded after he was admitted in LNJP Hospital.
PW13 Laloo who was also declared hostile has admitted that he had heard numberse and saw Islamuddin in flames.
We have heard Shri Jagdev Singh Manhas, amicus curaie appointed and Shri K.N. Shukla, Senior companynsel who appeared for the respondents.
The neighbourers came there and tried to extinguish the fire while crying Bachao Bachao save save , he reached near the iron bridge where a policeman got him seated in a three wheeler scooter for being taken to the hospital.
As Shabnam was number sent along with him he slept for three nights in a tea shop which was situated on the companyner of the house of his father in law and he was number allowed to live in Jhuggi with other members of Gulam Hussain.
PW22 Balwan Singh is stated to have recorded his statement which was later on treated as his dying declaration.
He raised alarm upon which neighbourers came there and tried to extinguish the fire.
He ran in flames crying Bachao Bachao save save near iron bridge.
PW9 Nanhe Khan though declared hostile has admitted that at about 2.30 a.m. when he was going to fetch water for his child, he had seen the deceased running with his clothes on flames.
He spent three nights at a tea shop in front of the house of his father in law as he was number allowed to stay in the house with other members of Gulam Hussain.
The material facts of the case as disclosed in the dying declaration that i the deceased was married to Ms.Shabnam with whom the relations had been strained ii the in laws of the deceased were number permitting his wife to go back with him iii he had companye from his village in Bijnor, District of U.P. iv he was set ablaze by his in laws in companysequence of which he ultimately died stand proved by the prosecution.
At about 3.30 a.m. his companybrother Shakil Ahmad, his father in law Gulam Hussain and brother in law Roshan came there and woke him up.
He slept on a Rehari moving cart outside the house of his father in law.
Upon enquiry he had told him that he had been burnt by his in laws.
Shakil Ahmad, appellant caught hold of his both the hands from behind.
When he came to Jhuggi No.215, near Public Latrine, Sanjay Amar Colony, Boat Bridge, Yamuna Pushta about 7 8 days before the occurrence to take back Ms.Shabnam, a quarrel ensued between him and Shabnam because of her having brought with her gold and silver ornaments worth Rs.5,000/ .
His father in law asked Shabnam to bring kerosene oil which she brought in a small companytainer and handed over the same to her father who poured keresene oil on Islamuddin forcibly and Roshan thereafter set him ablaze.
He met with one policeman whom he stated that his in laws have burnt him.
SETHI,J. LTTTTTTTJ The appellant Ms.Shabnam is the wife, appellant Gulam Hussain, is the father in law, appellant Roshan is the brother in law and appellant Shakil Ahmad is the companybrother of the deceased Islamuddin who died on 13.10.1989 of the burn injuries caused on his person by the appellants.
