JUDGMENT :

ASHUTOSH KUMAR, J.

1. Heard Mr. Rajnish Kumar Singh, the learned counsel for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State.

2. A 35 years old lady and her ten months old daughter have died out of burn injuries. The mother (deceased) has allegedly made a dying declaration before the doctor who treated her that the appellants and other agnates burnt her and her daughter by sprinkling kerosene oil on their bodies.

3. Hence the prosecution of the appellants for the charge of murdering the mother and daughter.

4. The cause of occurrence is dispute with respect to a road with the neighbours and agnates.

5. The defence before the trial Court was that the deceased/Sangita Devi immolated herself and in that process, also caused injuries to her daughter/Ranju Kumari, both of whom died.

6. While analyzing the evidence recorded in this case, two things struck us the most, namely, the deceased had come to the Primary Health Centre, Udakishunganj in the district of Madhepura, when she had been declared to be burnt by 100 per cent. Could she have been in a position to give any statement to the police ? The other surprising feature of this case is that the I.O. who cond