JUDGMENT :

1. Additional Sessions Judge, Fast Track Court, Lalitpur has made a reference to this Court on 13.08.2015 under Section 366 of the Code of Criminal Procedure, consequent upon death sentence awarded to the accused Jugal on the charge that he has poured petrol on his mother-in-law and brother-in-law and set them ablaze. The reference has been registered as Reference No. 10 of 2015. An appeal has also been filed at the instance of accused being Capital Criminal Appeal No. 3809 of 2015. The appeal and the reference have been heard together and are being disposed of by this common judgment.

2. Dinesh (PW-1) is the first informant in the present case, who happens to be the son of deceased Chameli Bai wife of Udaiya and brother of Deepchand, who too has died, stating that on 17.06.2013 at about 4.00 in the afternoon his brother-in-law Jugal son of Kashi belonging to Chamar caste came to the house and enquired about his wife Meena and daughter Seema. The family members informed that these two have not come to the house. For this reason, the accused started abusing them and kept roaming in the village and at about 1.00 in the night, he poured petrol and set ablaze the deceased. On hearing the commotion of villagers, Tiju (PW-2) and Karan Singh (not produced) came on the spot and tried to douse the fire. Deceased Chameli Bai and Deepchand were sleeping in the dallan (kind of a verandah attached to the house). Both the persons were taken for treatment to the hospital where the informant’s mother has died and the brother was in injured condition. Appropriate action was requested to be taken in the matter. On the basis of such written report (Ex.Ka.1), a First Information Report came to be lodged at PS Banpur, District Lalitpur at about 12.30 PM on 18.06.2013. The distance between the place of occurrence and the police station is five kilometres.

3. Record reveals that prior to lodging of F.I.R. inquest was started on 18.06.2013 at about 10.30 AM and concluded at around 11.30 AM at the mortuary situated in District Hospital. As per the inquest, the information was given by the ward-boy and the deceased died during the course of treatment. The inquest specifically records that information with regard to death was received at 6.20 in the morning itself. The inquest witnesses included the first informant also. In the opinion of the inquest witnesses, the deceased died on account of burnt injuries and for ascertaining the correct cause of death the postmortem was necessary. The body was ultimately sealed and the postmortem was conducted on 18.06.2013 at 4.30 PM. As per the opinion of the autopsy surgeon, the deceased was 44 years old female with average body built and rigor mortis had passed from neck towards lower limbs. The cause of death as per postmortem is shock as a result of ante-mortem burn injuries. Following ante-mortem injuries have been noticed in the postmortem:

“Whole body mixed burn present except in lateral aspect of left thigh.”

4. Investigation proceeded in the matter and the place of occurrence was inspected by the Investigating Officer, who collected a two litres plastic container, wherein smell of petrol was present. A lamp was also found near the place of occurrence. Ashes and plain earth etc. were also collected in a separate bag vide Ex.Ka.2 by the Investigating Officer. This recovery has been proved by the independent witness Shanker Singh, who appeared as PW-3.

5. Deepchand, who allegedly was sleeping close to his mother and had also sustained burnt injuries was hospitalized in the District Hospital, Lalitpur where his dying declaration has been recorded by the concerned Naib Tehsildar Awadhesh Kumar Nigam, who has appeared as PW-5. Before recording such dying declaration the Emergency Medical Officer Dr. Pawan Sood (PW-9) certified that the injured is in fit mental state to make his declaration. The dying declaration is in the question answer form and is extracted hereinafter:

6. The investigation further proceed