JUDGMENT :

Jasjit Singh Bedi, J.

1. The present appeal has been filed against the judgment of conviction and order of sentence dated 19.02.2004 passed by the Sessions Judge, Kurukshetra.

2. The FIR was registered on 07.04.2002, the judgment of conviction and order of sentence passed by the Sessions Judge, Kurukshetra is dated 19.02.2004, the appeal was filed on 09.04.2004 and the matter is being taken up for hearing now i.e. after a period of 23 years from the date of registration of the FIR.

3. The brief facts of the prosecution case are that complainant-Sanjay Rawat aged about 16 years was residing with his family in the campus of the Regional Engineering College (now National Institute of Technology), Kurukshetra. He had a brother named Sunil Kumar aged about 18 years and three sisters who were all married. His youngest sister Nirmala was married with Vivek Rawat of Ambala Cantt. Vivek Rawat was in the business of the manufacture of boxes for sweets. Accused Rajni was employed there as labourer. Vivek Rawat was not satisfied with her work and, therefore, removed her. So Rajni took umbrage to it. Thereafter about one year before the present occurrence Rajni came to the house of the complainant and took away a photo album of the marriage of Nirmala and Vivek for seeing the same. However, Rajni accused took out photographs of Nirmala from the album and started sending anonymous obscene letters with photographs to Nirmala and Vivek. They felt upset and harassed. They talked to the complainant and his brother and mother about it and protested as to why the album had been given to Rajni. Complainant-Sanjay and his brother Sunil told Nirmala and Vivek that they would talk to Rajni about it. However, they could not meet Rajni. On 07.04.2002 i.e. the date of occurrence at about 11.45 A.M. a white Maruti van No. HR-01K-5910 came and stopped outside the house of the complainant. Rajni accused accompanied by two other females and a young male driver with mustaches was there in the van. They told Sanjay and his mother that they had to talk with Sunil Rawat. In the meanwhile Sunil Rawat returned home from the playground of the college. Sunil started talking with Rajni and her companions about the album while talking, Rajni and her companions sat in the van alongwith Sunil. Sanjay and his mother prevented Sunil from accompanying Rajni etc. but Sunil accompanied them stating that the ladies could not do any harm to him. On the asking of his mother, the complainant Sanjay and their neighbour Kanti Lal chased the van on the motorcycle of Kanti Lal. Everything inside the van was visible through the glass-panes. Rajni and her companions started manhandling Sunil. After crossing the second gate of the University, Rajni and her companions poured some liquid from a bottle on Sunil and he was made to alight from the van. He was crying with burns. He entered Lok Nayak Jai Parkash Hospital, Kurukshetra. After some time Sunil died due to the burns.

Ruqa Ex.PK was sent from the hospital to the Police Post third gate, Kurukshetra, University, Kurukshetra. Thereupon Assistant Sub Inspector Maya Ram reached the Hospital, where Sanjay Rawat made statement Ex.PJ narrating the above facts. Maya Ram made endorsement Exhibit PJ/1 and sent it to Police Station Kurukshetra University, Kurukshetra, where F.I.R. Ex.PJ/2 was recorded. Maya Ram prepared inquest report Ex.PL on the dead body and sent it for postmortem examination with request Ex.PM. Dr. Vivek Aggarwal and Dr. K. K. Chawla conducted postmortem examination on the dead body vide copy of P.M.R. Ex.PQ and found vesicles and blisters around the mouth. Lips were swollen. Skin of left side neck, left chest, abdomen, right forearm, left upper limb and both thighs was black to brown and peeling off at places. Site of burns were depicted in diagram Ex.PQ/1. Mucous membrane of the trachea was brown to black and corroded at places. Both lungs were oedematous and congested. Mucous membranes of mouth, larynx and oesoph