Love and family honour are strange bedfellows. They often go together yet are not together. This appeal is reminder of the same THE FACTS

2. An incident happened in the night intervening 27/28.5.2004. In this incident, five persons received burn injuries: Sangita (aged about 10 years) and Reshmi (aged about 5 years) died on the spot; the other three, Awadhesh, Anil, and Shrikant were admitted in the hospital. Awadhesh suc­cumbed to his burn injuries in the night intervening 2-3.6.2004 at 00:45 a.m. the other two survived.

3. Chandrawali Prasad (the Infor­mant), father of Awadhesh and grand fa­ther of deceased Sangita and Reshmi, lodged the FIR at 7:30 am on 28.5.2004. It was registered as case crime No. 274 of 2004 under sections 302, 436 and 326, IPC, Police Station Mohammdabad, District Mau.

4. The pedigree of the Informant's side is as follows:

Chandrawali = Surati

Asha Devi

Anil (injured)= Hausla Devi (injured)

Awadhesh (killed)

Sunanda

Priyanka

Sangita (killed)

Rani (killed)

Shrikant (injured)

5. Randhey and Sanjay were named accused in the FIR. They are the Informant's neighbours, living across the road. However, their house is in village Malo whereas the house of the Informant's side is in chak Jafri.

6. The relevant pedigree of the accused side is as follows:

Dhopa

Shiv Kumar (DW-1)

Shashikala

I Ram Niwas

Girja Devi = Marhu (DW-2)

Sanjay (AppeUant-2)

Randhey (Appellant-1)

Poonam

Kanchan

Nirmala

Monu

Son

7. Poonam and Shashikala were of marriageable age. Their gauna ffifi) was on 25.5.2004 and 27.5.2004. According to the defence version the incident happened between 9:00 to 11:00 p.m. on 27.5.2009 whereas the prosecution claims that it hap­pened later in the early hours of 28.5.2004 at 2:30 am.

8. The allegations in the FIR are as follows:

(i) In the night, the Informant was sleeping outside the door whereas the other members of the Infor­mant's family were sleeping in the rooms as well as in the verandah. A bulb was lighted at the door;

(ii) At about 2:30 a.m., the Informant got up for urination and saw that:

• Randhey (Appellant-1) and Sanjay (Appellant-2) sprinkling petrol with a jerrican on the informant's sons Anil, Awadhesh and grand­children Shrikant, Sangita and Rani;

• Thereafter, they lit the fire and ran away;

(iii) In this incident, Informant's grand daughters Sangita and Rani died on title spot. Anil, Awadhesh, and Shrikant received serious bum in­juries. They have been admitted in the District Hospital Mau;

(iv) The Informant's family members had got up when the assailants were running away after the inci­dent. The Informant and his family members chased them but they es­caped. The assailants were seen and recognised in the electric light when they were running away;

(v) Some time ago, there was alterca­tion between the accused and Awadhesh regarding their aunt (fan) Girija and they had threat­ened Awadhesh.

9. The police investigated the case and submitted the charge sheet. It was numbered as ST No. 205 of 2004, The Ad­ditional Sessions Judge, Mau, Court No. 3 (the ASJ) framed charge on 4.1.2005. Ac­cused Randhey and Sanjay were charged under sections 302,436 and 326, IPC.

10. Among others, the prosecution filed the following documents:

• Written report dated 28.5.2004 (Ex Ka-1);

• Statement of Anil dated 28.5.2004 (Ex Ka-2);

• Post mortem report of deceased Sangita dated 28.5.2004 (Ex Ka-3);

• Post mortem report of deceased Reshmi dated 28.5.2004 (Ex Ka-4);

• Injury report of Hausia dated 28.5.2005 (Ex Ka-5);

• Parcha dated 28.5.2004 of Primary Health Centre district Mau in re-1 spect to Hausia (Ex Ka-6);

• Post mortem report of Awadhesh dated 30.6.2004 (Ex Ka-7);

• Injury report of Awadhesh dated 28.5.2004 (Ex Ka-8);

• Injury report of Anil dated 28.5.2004 (Ex Ka-9);

• Injury report of Shrikant dated 28.5.2004 (Ex Ka-10);

Dying declaration of Awadhesh Kumar dated 28.5.2004 (Ex Ka-11); Statement of Shrikant dated 28.5.2004 (Ex Ka-12); Chick FIR dated 28.5.2004 (Ex Ka-13);

GD report No. 18 dated 3.6.2004 of Police Station Lanka, Vara