JUDGMENT :

Nalin Kumar Srivastava, J.

1. Since these appeals have been preferred against the same judgment and relate to same Crime Number, they were heard together and are being decided by a common judgment.

2. The Additional Sessions Judge, Court No.1, Ghaziabad by the judgment and order dated 31.8.2012 passed in Sessions Trial No. 826 of 2011 (Crime No. 29 of 2011), P.S. Bahadurgarh, District Ghaziabad convicted and sentenced the appellants under Section 302 I.P.C. read with Section 34 IPC to undergo rigorous life imprisonment with a fine of Rs. 5,000/-each with stipulation of default clause. Aggrieved with the said judgment, present appeals have been preferred by the appellants.

3. Brief facts, as culled out from the record, are that a First Information Report was lodged by the informant, Giri Raj son of Sher Singh, resident of Palwara, Police Station Bahadurgarh, District Agra, on 22.10.2011 at 10.15 p.m., with the averments that his son Sompal was residing separately. Smt. Karishma, daughter of Sompal, was married with Sudhir son of Tejveer, resident of village Gotka, police station Sarurpur, District Meerut before two years. For the last 15-20 days, Karishma had been staying in the house of her father. The informant had sold two bigha land for Rs. 4,04,000/-, out of which Rupees One Lakh came in Sompal’s share and from then Sompal was wasting money by drinking alcohol. Two days ago Sompal had also called Karishma’s husband Sudhir. Sompal and Sudhir both were drinking alchohal since morning over which an altercation took place between Karishma and these two. Tonight at about 9.00 p.m. when Sompal, Sudhir and Karishma were at home, hearing the alarm, informant, his son Upendra alias Pappi and his wife Smt. Bala Devi, Raju son of Bhim Singh came to the house of Sompal, they saw Karishma coming out of the room burning. Sompal and Sudhir came out behind her and ran away seeing them. Karishma told them that her father Sompal poured kerosene upon her with intention to kill her and her husband Sudhir set her ablaze. She was serious and was brought Garhmukteshwar for treatment.

4. On the basis of the written report (Ext. ka-1), chik First Information Report (Ext. Ka-7) was registered at Police Station concerned on 22.2.2011 at 10.15 p.m. against Sompal (father) and Sudhir (husband) at case crime no. 25 of 2011 under Sections 307 and 326 IPC.

5. On 23.2.2011, dying declaration of the victim (Ext. ka-12) was recorded by the Nayab Tehsildar, Sadar, Meerut. He also took her thumb impression of right leg over the same, as her hands were fully burnt. Victim was conscious at the time of statement. He also obtained certificate from the concerned doctor in this regard.

6. Investigation started by the Station House Officer of the concerned Police Station. The Investigating Officer recorded the statement of witnesses and victim. Site plan was prepared. During course of treatment, victim died on 16.3.2011 at 9.30 a.m. and case was converted into the offence under Section 302 IPC. Inquest report was prepared and post mortem of the deceased was performed. After making thorough investigation, charge sheet was submitted against the appellants. Concerned Magistrate took the cognizance. The case, being exclusively triable by Sessions Court, was committed to the Court of Sessions.

7. The charge framed was under Section 302 of IPC. The accused-persons pleaded not guilty and wanted to be tried. Trial started and in support of its case, prosecution examined 10 witnesses, who are as follows: