JUDGMENT :

Nalin Kumar Srivastava, J.

1. The instant Criminal Appeal has been directed against the judgment and order dated 2.3.2013 passed by the Special Judge (SC/ST Act) / Additional Sessions Judge, Ghaziabad in Sessions Trial No. 402 of 2008 (Case Crime No. 230 of 2007), P.S. Babugarh, District Ghaziabad convicting and sentencing the appellants under Section 302 I.P.C. read with Section 34 I.P.C. for life imprisonment and a fine of Rs.10,000/- each with stipulation of default clause, under Section 354 IPC for one year rigorous imprisonment, under Section 452 IPC for two years rigorous imprisonment and under Section 3 (2)(v) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (in short ''the SC/ST Act') for life imprisonment each and a fine of Rs.5,000/- with stipulation of default clause.

2. Brief facts, as culled out from the record, are that a First Information Report was lodged by the informant, Sukhpal son of Ram Chandra, resident of village Garhi Hoshiyarpur, Police Station Babugarh, Ghaziabad, at Police Station Babugarh, District Ghaziabad with the averments that on 16.7.2007 at 11.30 a.m. when her niece Km. Laxmi, daughter of Kripal (Julaha), was present in the house, Pintu and Deepak sons of Satpal @ Sattu entered in the house and asked her as to why outstanding rent of Rs.100/- for the video C.D. was not paid by her. Pintu inquired that many days ago he had given a letter to her and why she had not given answer? To this, niece of the informant objected and started scolding them. This angered the accused. Deepak brought the canister containing kerosene oil, opened the lid and poured upon the niece of informant at once and Pintu set her ablaze. On her shrieks, informant and other persons reached there and they both ran away. She was severely burnt and sent to Hapur for treatment.

3. On 19.7.2007, dying declaration of the victim (Ext. ka-9) was recorded by the Tehsildar. He also took her signature over the same. Victim was conscious at the time of statement.

4. On the basis of the written report (Ext. ka-1), chik First Information Report (Ext. Ka-5) was registered at Police Station concerned on 16.7.2007 at 12.35 p.m. against the accused appellants as case crime no. 230 of 2007. G.D. entry was also registered at the same time.

5. The F.I.R. was investigated by the Sub-Inspector of the concerned Police Station and subsequently it was investigated by the Station House Officer of the concerned Police Station. During course of investigation, the Investigating Officer recorded the statement of witnesses and victim, prepared site plan, inquest report was prepared and post mortem was performed. The investigation was over and after completing all formalities, charge sheet was submitted against the accused appellants. The learned Magistrate summoned the accused and committed the case to Court of Sessions, as prima facie charges were for the sessions triable offences.

6. The Court of Sessions framed the charges as accused were summoned in commission of the offence under Sections 452, 354, 302/34, 504, 506 IPC and Section 3(2)(v) SC/ST Act. The accused pleaded not guilty and wanted to be tried. Trial started and in support of its case, prosecution examined 14 witnesses, who are as follows :