( 1 ) THE appellant, who was original accused in Sessions Case No. 17/1995 in the Court of Ld. Addl. Sessions Judge, Kheda at Nadiad, was charged of committing offences made punishable under sec. 304 Part-II, 324, 435 and 285 of IPC. He was, ultimately, found guilty of committing those offences and ld. Judge by judgment and order of conviction and sentence passed on 11. 1. 1999 convicted him for these offences and imposed various sentences. For offence under sec. 304 Part-II, he has been awarded S/i for 3 years and fine of Rs. 250/-, for offence under sec. 324 of IPC, S/i for 2 years and fine of Rs. 200/-, for offence under sec. 435 of IPC, S/i for 1 year and fine of Rs. 150/- and for offence under sec. 285 S/i for 3 months and fine of Rs. 100/-, in default, R/i for one month.

( 2 ) THE case of the prosecution is that at the relevant time, the appellant was attached to Bhadaran Police Station and was discharging the duty as Writer Constable. On 6. 7. 1993, around 5. 30p. m. , one tanker containing highly inflammable substance namely Neptha turned turtle on the highway between Bhadaran- Gambhira near cemetery of Bhadaran. The tanker was bearing registration No. GJ-12/5549. As a result of this, there was extensive spillage of neptha on the road. Many persons had gathered there to see the accident. Bhadaran Police Station was also given information regarding the accident. Certain policemen were therefore, dispatched to the spot. The appellant was one of them. Police persons were asking the crowd to stay away from the place. It is the case of the prosecution that all of sudden, the appellant threw a burning match stick on the ground, as a result of the same, neptha being highly inflammable liquid, immediately caught fire causing injuries to by-standers. They were deceased Vinubhai Dholabhai Patel, Haribhai G. Patel and Girishbhai M. Chavada and also several other persons namely Indravadan Dhulabhai Patel, Chhatrasinh Bharatsinh Mahida, Pramodbhai Manibhai and two sons of Police Constable attached to Bhadaran Police Station. Son of Vinubhai had also received burn injuries. The injured persons were immediately removed to Karamsad hospital for treatment. They were admitted in S. K. Hospital, Karamsad.

( 3 ) AT the hospital, deceased Haribhai Govindbhai Patel on 7. 7. 1993 around 18. 30 hrs. gave FIR to the police. On receipt of the information, the police commenced investigation and on conclusion of the same, submitted charge-sheet against the appellant for the offences under sec. 285, 304, 324, 326 and 435 of IPC. It may be noted here that upon admission of the patient to the hospital, arrangement to record the dying declarations was made and accordingly dying declarations of Haribhai Govindbhai Patel and Girishbhai Motibhai Chavda were recorded.

( 4 ) IT appears that dying declaration of Vinubhai, one of the deceased, was not recorded. In view of the fact that both Girishbhai and Haribhai subsequently expired, their dying declarations have been brought on record at ex. 46 and 45, respectively. The FIR was given by deceased Haribhai and upon his death, the same was treated as dying declaration and it was brought on record at ex. 41.

( 5 ) AT the trial, the ld. Addl. Sessions Judge framed charge against the appellant at ex. 2 on 17. 1. 1998. He was charged for the offences made punishable under sec. 285, 304, 324, 326 and 435 of IPC. The appellant pleaded not guilty to the charge and claimed to be tried.

( 6 ) THE prosecution in support of its case, examined 13 witnesses and also placed reliance on the documentary evidences such as PM Notes, medical certificates, dying declarations and various panchanamas.

( 7 ) AFTER recording of the evidence was over, ld. Judge recorded further statement of the appellant under sec. 313 of Crpc. It appears that no specific defence was pleaded but there was general denial. However, in reply to the last question, he has stated that in accordance with the oral instructions given by the police officer,

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