ORder

Appellants-accused No.1 Shaikh Rafiq, No. 2 Fatimbee along with accused No. 3 Jaibunisa were prosecuted for committing the murder of Noor Miya Mohd. Hussain. Appellant-accused Nos. 1 and 2 were convicted by the Sessions Court under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000/- each; in default, to suffer R.I. for six months. Accused No. 3 Jaibunisa was acquitted by the Sessions Court. The order of the Sessions Court was affirmed by the High Court in appeal. Aggrieved by the judgment passed by the High Court, the present appeal by way of special leave petition, has been preferred by the appellants.

2.As per the prosecution case, on 3.11.2002 at about 12 noon, on receipt of intimation from the Medical Officer of Civil Hospital, P.W. 1 ASI Maroti proceeded to Burn Ward of hospital where he found that Noor Miya Mohd. Hussain had suffered burn injuries. PW.1 enquired from Noor Miya Mohd. Hussain (since deceased) about the incident to which he narrated that the appellant-accused Nos. 1 and 2 along with accused No. 3 Jaibunisa (daughter-in-law of deceased) had come to his house where appellant No