1. The instant criminal appeal has been filed by the accused appellants under Section 374, Cr.P.C. against the judgment, dated 24.09.2008 passed in Sessions Case No. 10/2008 by the learned Addl. Sessions Judge (Fast Track) No. 1, Bhilwara whereby the accused appellants convicted for offense under Section 302, IPC and sentenced for life imprisonment along with Rs. 10,000/- fine was imposed against them and in default of payment fine is further undergo 6 months rigorous imprisonment. As per facts of the case on 21.12.2007 an information was received from Police Control room at Police Station Kotwali, Bhilwara that a person is burnt, the ASI Man Singh went on spot and took deceased Kundanmal to the Mahatma Gandhi Hospital, where he was admitted for treatment.

2. The statement (Parcha Bayan) (Ex.P/7) of the injured Kundanmal were recorded by the A.S.I. of Police Station Kotwali at 2.00 p.m. on 21.12.2007, in which the following statement was given by the deceased Kundanmal which reads as under:-

^^Jh dqUnuey iq= dksM+key fla/kh fuoklh ckiw uxj HkhyokM+k Fkkuk Árkiuxj tSj bykt cfuZax okMZ] cSM uaŒ 2, us crk;k fd vkt eSa lokjh 'kkL=huxj ls NksM+dj okfil vk jgk Fkk dkWyst jksM+ ij Hkkst jkt mQZ ew[kh o cscw vuqokyk nksuks feysA nksuksa LdVwj ij Fks vkrs gh eq>sa jksddj VsEiks ls ckgj fudkykA eq[kh us idM+ fy;k o cscw vuqokyk us isVªksy Mky fn;k o ew[kh us vkx yxk nh ftuls eSa ogh fxj iM+k dkQh yksx bdV~Bk gks x;sA bu nksuksa us igys Hkh eq>s tku ls ekjus dh /kedh nh Fkh ftldh fjiksVZ ns j[kh gSA eq>s Hkksxjkt mQZ eq[kh o cscw vuqokys us tku ls ekjks dh xjt ls esjs Åij isVªksy Mkydj vkx yxk nhA iqfyl okyks us eq>s ykdj vLirky esa HkrhZ djk;kA gj nksuksa us eq>sa tku ls [kRe djus dh uh;r ls isVªksy Mkydj vkx yxk;h gS c;ku i<+dj lquk;sa@lqu lgh eku gLrk{kj fd;saA lqcg esjs dks /kedh nhA ftldk gh dksroky ,lŒihŒ lkgc ds uke ls i= Mkyk gSA**

3. Upon aforesaid parcha bayan (Ex.P/7) an FIR No. 645/2007 (Ex.P/8) was registered on 21.12.2007 at Police Station, Kotwali, district Bhilwara under Section 307, IPC.

4. The statement of deceased were also recorded by Rakesh Sharma (PW-20) Judicial Magistrate (First Class) No. 3, Bhilwara in which specific allegation was levelled by the deceased against the appellant for pouring kerosene and to lit fire.

5. The deceased Kundanmal died during treatment, therefore, post-mortem was conducted in the hospital on 22.12.2007 at 9.40 a.m. and post-mortem report (Ex.P/9) was given to the Investigating Officer for further investigation.

6. The Investigating Officer after inspection of the place of occurrence prepared site plan (Ex.P/1) and map (Ex.P/2). The Autorikshaw was also seized and taken in possession vide Ex.P/3. The parcha bayan of dead body of deceased Kundanmal (Ex.P/4) was recorded in the hospital. After post-mortem the dead body of deceased Kundanmal was handed over to his son Moolchand vide Ex.P/5 in presence of two witnesses Ankur Jain and Mohd. Akram. After the death of Kundanmal offense under Section 302, IPC was added in the investigation. The accused appellants Bhojraj alias Mukhi was arrested by the police vide Ex.P/20 on 22.12.2007 at 6.30 p.m. in the presence of two witnesses Bhawani Singh and Rameshwar Lal, similarly the other accused Pursautam alias Bebu was also arrested on 22.12.2007 at 6.15 p.m. in presence of Bhawani Singh and Rameshwarlal. During investigation it is found that the accused are habitual offender, therefore, details of cases registered against Bhojraj alias Mukhi and Pursautam alias Bebu were also obtain for the purpose of investigation. The Investigating Officer, after recording the statement of prosecution witnesses under Section 161, Cr.P.C. on completion of investigation, filed charge sheet against the accused appellants in the Court of Addl. Chief Judicial Magistrate, Bhilwara from where case is committed to the Court in the Court of Sessions Judge, Bhilwara for trial but later on transferred to the Court of Addl. District and Sessions Judge (Fast Track) No. 1