Judgement

B. C. RAY, J. :- This appeal by special leave is against the judgment and order passed in Criminal Appeal No. 66 of 1983 by the High Court of Gauhati acquitting both the accused respondents from the charges under Sec. 302 read with Sec. 34 I.P.C. as well as under Sec. 436 read with Sec. 34 of Indian Penal Code, 1860.

2. The prosecution case in short is that on 2nd November, 1978 at about 7 p.m. two accused respondents Muhim Chandra Barkataki and Dulu Dutta came together to the shop of Nagen Dey since deceased and sprinkled and poured kerosene oil in the shop as well as on the person of Nagen Dey and then set fire. Immediately fire caught and spread over the shop as well on the body of Nagen Dey. The shop was a Guliamal (grocery) shop where rice, Dahl, soap, mustered oil, kerosene oil, etc., goods were sold and situate at Na-Ali Road of Jorhat Town in front of M/s. Baruah Printers. Nagen Dey came out of the shop house with ablazing condition all over his body. The witnesses Arun Barua, Prabin Barua and Kiron Saikia on seeing the fire rushed to the place of occurrence and put off the fire from the body of the Nagen Dey but Nagen Dey suffered extensive burnt injuries all over