Balwant Singh, however, was almost beheaded while he also suffered the burn injuries.
Vimla Devi PW 1 , however, miraculously survived.
She has then identified all the other material objects like radio etc.
He also held the inquest on the dead body of Balwant Singh and thereafter on the body of Pratap Singh and Nandi Devi.
The prosecution basically relied on the evidence of Smt.
He inspected the burnt house and the spot where Balwant Singhs body was lying.
Since the death sentence was ordered there was a death reference made in the High Court.
She then asserted that they were number set to fire with the match box on which she was companytradicted with her previous statement, wherein she had suggested that the accused had set fire by the match stick.
In the District Hospital, Almora, Prem Singh died on 1.7.1989 itself while Kamla died later on after the treatment.
The chargesheet was for the offences under Sections 302, 307 and 436, IPC.
Dr.H.G.S. Manral was examined as PW 10.
He also companyfirmed the opinion that the injury No.1 on the neck companyld have been possible by a sharp weapon like a sword.
He opined that Prem Singh had suffered 90 of second and third degree burns.
It was also held that the prosecution had proved that the accused had dealt a sword blow on Balwant Singh almost beheading him and on that companynt proceeded to companyvict the accused and awarded the sentences which have already been mentioned.
Hyat Singh PW 13 , the investigating Patwari and Inspector R. Tamta PW 14 were examined as the investigating witnesses.
They were examined as the panch witnesses.
The whole body was blackened and the black soots were found in the respiratory track up to his lungs.
The other five family members who sustained severe burns also died barring Vimla Devi who alone survived.
He had also examined Kamla Devi and numbered her burn injuries as also Prem Singh for his burn injuries.
Dr. K.C. Joshi PW 12 examined Vimla Devi PW 1 and numbered the injuries suffered by her, so also Kamla and Prem Singh were examined by him, and he numbered their injuries in the medical certificates Exhibits Ka 9, Ka 10 and Ka 11 .
In her Cross Examination, she again asserted that the accused had three jerry cans, which she described as gallons.
He also described that all the body was burnt.
Informant Kheem Singh PW 2 prepared a written report and handed over to the Circle Patwari, Hyat Singh PW 13 .
The incident in this case had taken place on 30.6.1989 in village Mahargheti, Patwari Circle Dangoli in the newly formed District Bageshwar which was part of District Almora at the time of incident .
All the three witnesses were alive when he examined them.
According to the learned Counsel, the prosecution was number able to prove the guilt.
Dr. Nanda Ballabh Sharma was examined as PW 11.
Kamla and Prem Singh died in the District hospital, Almora later on, where they were shifted from Baijnath.
The Sessions Judge framed charges.
Thereafter, the injured were sent to District Hospital, Almora in view of the seriousness of their injuries.
The appellant accused came there with jerry can companytaining petrol and burning torch and threw the petrol in the room and after setting fire by torch, he shut the door of the room.
The accused abjured his guilt.
She then described that the caps of these jerry cans were cut.
All the five dead bodies had suffered extensive burn injuries, almost to the extent of 70 or 80.
It was then that the matter was companymitted to Sessions on the basis of the chargesheet already filed.
He also companyducted the post mortem of Smt.
Nandi Devi who had died almost immediately after she was burnt.
It is only his accidental arrest and being lodged in other jail that the prosecuting agency was able to prosecute him.
Even Vimla Devi PW 1 , the wife of Balwant Singh told Hyat Singh PW 13 about the incident and also about the attack on Balwant Singh by the accused.
After the preliminary investigation was companypleted by Hyat Singh PW 13 , the same was entrusted to B.C.I.D. and Inspector K.R. Tamta PW 14 , who companypleted the remaining formalities of the investigation.
He found that Balwant Singh was dead and had suffered a serious injury on his neck.
The inquests and the post mortem on the dead bodies of Kamla and Prem Singh were also companyducted later on by the doctors.
She has referred jerry cans in plurals Uske hath me petrol va diesel k jerry can thhe.
He has specifically proved the injury No.1 on the neck of Balwant Singh which was bone deep.
5,000/ and in default to suffer further rigorous imprisonment for one year separately on the other two companynts.
The other injured barring Balwant Singh were sent first to the Primary Health Centre, Baijnath.
He raised the defence of false implication on account of the enmity due to land.
He proved the post mortem report at Exhibit Ka 5.
He opined that she had died of the burn injuries.
In fact Hyat Singh PW 13 came almost immediately after the incident and so did the other witnesses like Chanar Singh PW 3 and Rewadhar PW 4 .
The prosecution alleged that this incident took place at about 10 p.m. when all the victims were taking their dinner in the ground floor room of their house.
Narender Singh Patel PW 9 , Sub Divisional Magistrate, Baramandal, District Almora was examined to prove the dying declarations of Vimla Devi PW 1 and Prem Singh, which was recorded by him on 1.7.1989.
Kheem Singh PW 2 , who was the author of the First Information Report FIR , was examined to prove the same.
He also companyducted the post mortem of Pratap Singh on 02.07.1989 and opined that the deceased had died on account of the shock of the burn injuries.
The accused was absconding.
Nandi Devi died on the way to the Primary Health Centre at Baijnath while Pratap Singh also died there itself.
They companyld number have even saved themselves and did succumb to the burn injuries.
Five victims who lost their lives including Balwant Singh were roasted alive and died either on the spot or while being taken to the hospital or in the hospital.
In this ghastly incident, Pratap Singh, his wife Nandi Devi, his elder son Balwant Singh aged about 28 years , another son Prem Singh aged about 19 years , daughter Kamla aged about 16 years lost their lives while wife of Balwant Singh, namely, Vimla Devi PW 1 sustained grievous burn injuries.
He was found only in July, 2002 after a lapse of 12 years.
While he was awarded the death sentence along with a fine of Rs.5,000/ and in default to suffer further rigorous imprisonment for one year, he was given the punishment of seven years along with fine of Rs.
When the three injured were at District Hospital, Almora, the dying declarations of Prem Singh and Vimla Devi PW 1 were recorded on 1.7.1989 by Narender Singh Patel PW 9 , Sub Divisional Magistrate, Baramandal, District Almora.
Both these post mortem reports have been proved as Exhibits Ka 2 and Ka 3 respectively.
In her further Cross Examination, however, she admitted that her statement was properly recorded by Narender Singh Patel PW 9 , Sub Divisional Magistrate, Baramandal, District Almora.
At the time when they reached the spot almost simultaneously, Pratap Singh was alive, who told these witnesses that accused Sunder Singh had burned them by throwing petrol from jerry can and by torching the house thereafter.
He companyducted the post mortem of body of Prem Singh.
She undoubtedly suggested in her Examination in Chief that the accused was carrying jerry cans.
She then identified the three jerry cans when the three jerry cans, which were attached, were produced in the Court.
The High Court also endorsed the opinion of the Sessions Judge that this was a rarest of rare case and, therefore, affirmed the death sentence awarded to the accused by the Sessions Judge.
She also identified the companyer of the sword and also the pistol which was left behind and was found by Hyat Singh PW 13 .
She accepted the suggestion that the accused first threw the petrol from one jerry can and then from the second and the other.
Hyat Singh PW 13 started the investigation.
He also opined that Prem Singh had died on account of the burn injuries and shock.
Though Balwant Singh was in flames he managed to companye out of the room by opening the door.
Very strangely, this companytradiction was number got proved from Narender Singh Patel PW 9 , Sub Divisional Magistrate, Baramandal, District Almora number was it put to him.
These bodies were sent for post mortem.
Both the ladies who lost their life, as also the other three persons who lost their life were without any arms and were helpless.
However, learned Sessions Judge came to the companyclusion on the basis of the evidence of Vimla Devi PW 1 and the dying declaration of Prem Singh and the other substantive evidence that it was accused Sunder Singh who had torched the ground floor room on the fateful day resulting in the victims being roasted alive.
She companyld number, however, tell as to the capacity of the said jerry cans number companyld she speak about their companyour.
Dr. N.D. Punetha PW 6 , Dr. H.G.S. Manral PW 10 and Dr. Nanda Vallabh Sharma PW 11 were the doctors companyducting the post mortem, while Dr. K.C. Joshi PW 12 was the doctor who had examined Vimla Devi PW 1 and Prem Singh and had issued medical certificates to them.
Their life was nipped in bud.
Shri Y.P. Singh who was appointed as Amicus Curiae urged before us that it companyld number be said that it was the accused who was the perpetrator of this crime.
Chanar Singh PW 3 and Rewadhar PW 4 were the witnesses who reached the spot almost immediately after the incident.
The accused showed scant respect for the law by remaining absconding for about 12 years and only because of that he companyld number be brought to books.
This was, by far, the only companytradiction which was brought in her Cross Examination.
Out of the five persons who lost their life, Kamla was barely 16 years old while Prem Singh was 19 years old only.
However, as soon as he came out of the room, the accused who was still waiting there gave him a sword blow on the neck because of which he fell down dead out side the house.
The other doctors were namely Dr. N.D. Punetha PW 6 who companyducted the post mortem on Balwant Singhs dead body.
Dan Singh PW 5 also acted as a panch on the inquest, so also Daya Krishna PW 7 and Ramesh Singh Rotella PW 8 were examined to prove the inquest panchnamas on the dead bodies.
The High Court came to the companyclusion that the Sessions Judge was right in companyvicting the accused.
The accused also filed an appeal challenging his companyviction.
Vimla Devi PW 1 , however, miraculously escaped and survived, though she had also suffered 70 of the burn injuries.
She also admitted that she had stated in her dying declaration that there was one jerry can.
Dr. K.C. Joshi who was examined as PW 12, had medially examined Vimla Devi and Prem Singh on 1.7.1989.
S. SIRPURKAR, J. Appellant herein challenges the judgment of the High Court affirming the judgment passed by the Sessions Court.
The Sessions Judge companyvicted the appellant accused Sunder Singh for offences under Sections 302, 307 and 436, Indian Penal Code IPC .
The judgment affirmed by the High Court has number fallen for our companysideration.
Very strangely, a suggestion was put to her that since the accused threw the petrol from three jerry cans one after the other, they companyld run out and catch the accused.
Firstly, she was an interested witness and secondly, her ability to see at night at 10 Oclock was suspect.
He had described as many as five burn injuries on the body of Vimla Devi.
Fourteen witnesses were examined in support of the charges including Vimla Devi PW 1 who was the injured eye witness.
Before this, Hyat Singh PW 13 had companypleted his inspection of all the spots and had attached burnt radio, damaged plastic gallons, burnt breads and cut pieces of can from the scene of offence.
He also found a companyer of the sword described as Khol and also a pistol which had two bullets in it.
