Mr. Anupinder Singh Grewal, J.: - Instant criminal appeal is directed against the judgment and order of sentence dated 17.07.2002, whereby the appellants have been convicted for the offence under Section 302 IPC read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- each. In default of payment of fine, they were to further undergo rigorous imprisonment for one year each.

2. In nutshell, the case of the prosecution as unfolded during trial is that a theft had taken place in the house of the accused. Both the accused are husband and wife. A portion of the house of the accused was in possession of one Munna as tenant. Ashok Kumar (since deceased) was his friend and the deceased used to visit him. Accused suspected that theft had been committed by the deceased. On 17.3.1999 the deceased was present at the house of accused when they set him on fire by pouring kerosene oil on his body. He was taken to General Hospital Jagadhri at 8.35 PM with 100% burns. On receipt of a medical ruqa (Ex.PB) in respect of Ashok Kumar son of Des Raj, R/o Dwarka Puri, Jagadhri, ASI Dalip Kumar (PW11) after making an entry in the daily diary rushed to the hospital and then appeared before the court of Sh. R.P. Goel, the then Judicial Magistrate Ist Class, Jagadhri with the request Ex.PF to record the statement of the injured. On having been declared fit by the doctor, statement of the injured was recorded as Ex.PD. ASI Dalip Kumar obtained the copy of the statement and sent the same to police station for registration of a case with his endorsement Ex.PH/2. On the basis of that, FIR Ex.PH/1 was registered. ASI then went to the spot and carried out spot inspection. He called a photographer who took photographs of the site. From the spot, one can containing some kerosene oil and one funnel were recovered which were taken into possession vide recovery memo Ex.PK. Rough site plan Ex.PO of the place of occurrence was also drawn. The deceased succumbed to injuries the following morning. Doctor sent his report regarding the death of the deceased to police station at 6.40 a.m. ASI Dalip Kumar again reached the hospital and held inquest proceedings Ex.PM. An application Ex.PN/1 was moved before the doctor for conducting post-mortem examination on the dead body of the deceased. Both the accused were arrested. After completion of investigation, challan was presented in the Court. The case being triable by the court of Sessions, the same was committed to learned Sessions Judge,Yamuna Nagar at Jagadhri.

3. In support of its case, the prosecution examined as many as thirteen witnesses.

4. While appearing as PW1, Dr. Sandeep Gupta, Medical Officer, Civil Hospital, Jagadhri deposed that on 17.3.1999 at 8.35 PM, he medicolegally examined the deceased Ashok Kumar and found that there was alleged history of sustaining burns with pouring of kerosene oil. The patient was conscious and was crying in pain. His vital signs could not be recorded due to 100% burns. He further deposed that there were superficial to deep burns all over the body including head and neck, upper and lower limbs, chest, abdomen and Perineum. There was smell of kerosene emitting out of the body of the patient. The injuries were dangerous to life. The probable duration of injuries was within six hours. During cross examination, he stated that the fact whether sedative was administered to the injured for relieving pain can be ascertained from the record available in the hospital. Generally in such burn cases, to relieve pain, they give injection pethidine or injection tramadol or injection fortwin. By giving this sedative, the patient usually becomes drowsy and this effect remains for 6 to 8 hours. He admitted that the burns caused by kerosene oil cause agonising pain. He could not tell when asked whether he remained with the Magistrate, when the statement of the injured was being recorded or he had gone to attend some other patient.

5. PW2-