Point of law: Considering the importance of putting all relevant questions to the accused under Section 313 Cr.P.C., it was held therein to be an essential part of fair trial, basic to the principles of natural justice.

JUDGMENT :

Sunita Agarwal, J.

1. Heard Sri Kamal Krishna learned Senior Advocate assisted by Sri Ramesh Kumar Shukla learned counsel for the appellants and learned A.G.A. for the State-respondents.

2. This appeal is directed against the judgment and order dated 29.02.2008 passed by the Additional Sessions Judge, Court no.6 Bijnor whereby two appellants herein namely Jaswant Singh and Resham Singh have been convicted for the offence under Section 302 read with Section 34 IPC and sentenced for imprisonment for life and fine of Rs.15,000/-each. The default punishment is one year rigorous imprisonment for each appellant. The appellant no.1-Jaswant Singh had died. Only surviving appellant Resham Singh is represented by the learned senior counsel.

3. The first information report of the incident occurred on 01.08.2006 at about 11.30 a.m was lodged by Charan Singh S/o Jagir Singh, husband of deceased Chhindra Pal Kaur on 01.08.2008, at about 8.30 p.m. The assertion in the written report given by Charan Singh (P.W-1) is that the first informant was four brothers. Out of whom, the eldest one Bagshish Singh was living in Punjab. The entire landed property (agricultural field) of the father of the first informant was given to his two elder brothers namely Jaswant Singh and Resham Singh. The first informant stated that he did not get any share in the property of his father and was doing Majduri (labour work) to feed his family. A dispute related to the landed property was going on between him and his two brothers Jaswant and Resham (the appellants herein). A case under Section 107/116 Cr.P.C was pending before the S.D.M., Dhampur. On account of the said dispute, his wife Chhindra Pal Kaur was burnt to death by pouring kerosene on her by the appellants at about 11.30 a.m on the fateful day. At that point of time, the first informant was out of his house as he went to bring fodder for his cattle. The deceased was admitted in the Government Hospital by the Gram Pradhan Sri Chatar Singh s/o Sri Aidal Singh and other villagers and died at about 4.00 p.m in the hospital. After getting information, the first informant also went to the hospital and brought home the dead body of his wife with the help of villagers. While keeping the body at his house, he went to lodge the first information report.

4. On presentation of the written report, check FIR and G.D entry were made, which were copied in the case diary by the Investigating Officer, who had entered in the witness box as P.W-7. The Investigating Officer stated that he was posted at the police station-Afjalgarh as S.H.O on 01.08.2006. The investigation was accepted by him on the information received from the hospital. He had reached at the house of the first informant prior to lodging of the FIR. The Head constable Bhagwan Sharan Pandey handed over the copy of the check report, and the written report on the spot and the investigation was then commenced. The statement of the first informant Charan Singh was recorded on the spot. The inquest of the body of the deceased kept on a cot in the Varandah of the house of first informant Charan Singh was conducted on 02.08.2006 and the body was sealed and sent for post-mortem alongwith relevant papers. The site plan on inspection of the site of the incident was prepared, which was proved as Exhibit-Ka-5. From the place of the incident, the burnt clothes of deceased Chhindra Pal were collected and a memo was prepared, which was proved as Exhibit-Ka-6. P.W-7 gave the details of the clothes collected in the memo of recovery. The statement of other witness and that of Gram Pradhan Chatar Singh were recorded and the appellant Resham Singh was arrested. On 05.08.2006, the statement of other witnesses were recorded. The appellant Jaswant Singh was arrested on 07.08.2006.

5. On completion of the investigation, chargesheet was filed in the Court which was proved as Exhibit Ka-'7' being in hand writing and signature of P.W-7. P.W-8, the constable clerk had proved the inq