JUDGMENT :

Vinod Diwakar, J.

1. We have heard Shri Satish Trivedi, learned Senior Advocate assisted by Shri Ajay Kumar Pandey, learned counsel for the appellants, learned A.G.A. for the State and perused the record.

2. These appeals have been filed against the judgment and order dated 21.01.2019, passed by learned Additional District and Sessions Judge/Fast Track Court No.2, Hapur, in Sessions Trial No.313 of 2016 (State vs. Chintoo @ Kuldeep) and Sessions Trial No.314 of 2016 (State vs. Monti @ Ravindra), arising out of Case Crime No.566 of 2015, under Sections 452, 376, 386, 506, 302 I.P.C., registered at Police Station Pilakhua, District Hapur, in which the trial court has convicted the accused-appellant Chintoo @ Kuldeep under Sections 452, 376, 386, 506 and 302 I.P.C. and the accused-appellant Monti @ Ravindra under Sections 452, 386, 506, 302, 376/511 I.P.C. The appellants have been sentenced to life imprisonment, besides other sentences in respective offences, apart from fine.

3. The prosecution case, in brief, is as under:

4. The complainant is a proprietor of a grocery shop in his village and had gone to Pilakhua to purchase groceries. On 8.10.2015, after the complainant returned from Pilakhua, District Hapur, U.P., at around 07:15 in the evening, the complainant saw his wife on fire. She fell in front of him. The complainant tried to douse the fire and received burn injuries on his feet and hand while dousing. After hearing the rescue call, Pinku, the complainant's cousin, reached the place of the incident and covered the complainant's wife with the blanket and doused the fire. The complainant's wife revealed to the complainant that in his absence, Chintoo and Monti, who lived beside them, came to her house and demanded money by extending a threat to his life. Chintoo forcibly committed rape upon her, and Monti attempted to commit rape. After that, they poured kerosene oil on her, set her on fire and fled away. The complainant further revealed that Chintoo and Monti were jealous of their family, and they used to quarrel with her when she asked for the payments of groceries that they had purchased; Chintoo and his brother Praveen had assaulted her few days before the incident.

5. The complainant immediately took his wife to G.T.B. Hospital, Delhi, for her treatment; the wife succumbed to the injuries and died on 15.10.2015.

6. The victim was admitted to G.T.B. Hospital, Delhi, at 09:25 p.m. on 8.10.2015 by her husband, and after that, Dr. Sushil prepared the MLC of the victim and declared the victim "fit for the statement". During this time, after receiving oral instructions, S.I. Manish Bhati, posted at Police Station G.T.B. Enclave, Delhi, reached the hospital and recorded the victim's statement, in which she stated that her husband runs a grocery shop at his home. About a month back, Chintoo's family borrowed groceries from their shop. Chintoo, Monti and Chintoo's brother Praveen thrashed her husband when he asked for the payment. Monti is a friend/relative of Chintoo and stays at his house. On 8.10.2015, her father-in-law had gone out of the house, and her husband had gone to buy goods for the shop. At around 07:00 p.m., Chintoo and Monti entered her house and started demanding money from her and extending threats to kill her husband. They caught her and pushed her down when she refused to give the money. Chintoo committed rape upon her, and Monti attempted to commit rape but could not succeed. They again asked her for money, and when she refused, they poured kerosene oil on her, kept in the cupboard, and set her on fire. Chintoo poured oil on her, and Monti lit the fire with matchstick. Her husband took her to G.T.B. Hospital, Delhi, and her statement was recorded in the presence of the Doctor.

7. On 10.10.2015 at 05:15 p.m., Rakesh, the victim's husband, presented a written complaint at Police Station Pilakhua, District Hapur. Based on the written report, the F.I.R. was registered at 07:15 p.m., under Sections 452, 376,