IMPORTANT POINT
When eye witness gave graphic details of the crime, consistent dying declarations established roles of accuse in the crime and the medical evidence supported the prosecution story, there is no scope for acquitting the accused.

JUDGMENT

Uday Umesh Lalit, J.

1. These appeals by special leave challenge the Judgment and Order dated 11.01.2007 passed by the High Court of Judicature of Madhya Pradesh, Jabalpur bench at Jabalpur in Criminal Appeals Nos. 170 of 1995, 841 of 1995 and 369 of 1996 by which respondents Ashok s/o Banshilal Vedehi, Raju @ Rajendra s/o Banshilal Vedehi, Gullu @ Rajesh s/o Banshilal Vedehi, Gouri Shankar s/o Banshilal Vedehi, Vidhna @ Ramdas s/o Lallulal Kewat, Surendra s/o Harilal Vedehi were acquitted by the High Court of all the charges leveled against them.

2. According to the prosecution one Tikaram son of Chote Lal Pandey after finishing his duty was returning home at 8:00 p.m. on 11.04.1989. On the way he met his younger brother PW13 Sheetal Prasad. Both were coming on bicycles, PW13 being 10-15 feet behind said Tikaram. When Tikaram reached Tilwaraghat he was stopped in front of the house of Hari Maharaj by Dibbu @ Devendra by catching his bicycle. Said Dibbu then poured petrol over him and Jittu @ Jitendra burnt him by igniting a match stick. Tikaram started burning and ran from the spot. He was surrounded by present respondents and two others namely Harilal and Banshilal. All of them exhorted to beat him and to burn him and that he should not be allowed to run from the spot. Respondent Vidhna @ Ramdas threw a burning tyre upon him. While Tikaram was running helter-skelter, Harilal threw a sword at him. Tikaram ran to the house of PW3 Vinod and fell there. PW3 extinguished the fire. The incident was witnessed by PW13 who ran to the house and conveyed the fact of Tikaram having been set afire to the inmates of the house. As a result, PW4 Ravindra Kumar Pandey son of said Tikaram and PW15 Laxmi Prasad Pandey rushed to the scene of occurrence. Tikaram disclosed to both PWs 4 and 15 that he was set afire in the aforesaid manner and by the persons mentioned above. Tikaram was then removed to Medical College Hospital, Jabalpur.

3. On receiving information, PW16 inspector R.P. Singh went to the casualty ward and enquired about the condition of Tikaram with letter Ext.P-30. PW18 Dr. A.C. Nagpal gave certificate that Tikaram was conscious and in a position to speak. PW16 inspector R.P. Singh thereafter took the statement of said Tikaram, translation of which is to the following effect:

“Sir, I am residing at Ramnagra. Today I was going to Ramnagra after performing my duty on Petrol Pump. This incident occurred at Tilwaraghat opposite the house of Hari Maharaj. I was going by my cycle. My brother Sheetal Prasad was following me. Dibbu caught hold my cycle and stopped me and poured petrol on me from a Jug and Jeetu set fire on me by a Match Box. My body started burning. Hari, Surendra, Bigna, Ashok, Bansi, Raju and the son of sister of Bansi Maharaj who lives in Kamla Nagar who has beard, the younger son of Bansi Gullu and 2-3 other persons from city their names I do not know, surrounded me. I ran away and entered into a room of house of Vinod Kumar situated nearest and they all were crying “Maaro Maaro Sale Ko, Bachne Na Paye” and I fell down there. There were so many persons present who have seen this incident. There is an old enmity and quarrel was going on between us and Dibbu etc. For taking revenge from the said enmity today they poured petrol on me and set on fire, in order to kill me. My whole body has been burnt. My clothes also have been burnt. Report has been read over and the same has been written as stated by me. Please investigate the matter.”

4. Pursuant to the aforesaid statement recorded at 8:30 p.m. Dehati Nalishi Ext. P-20 was lodged and crime was registered. Tikaram was shifted to ward no. 11 for further treatment. On the same night panchnama was prepared by said PW16. In the night of 11.04.1989 and 12.04.1989 PW5 Executive Magistrate S.P. Meshram recorded statement Ext. P-17 of said Tikaram. The statement was recorded after due certification from doctor about consciousness and fitness of said Tikaram. The trans