JUDGMENT SUJOY PAUL, J. : – This Criminal appeal filed under section 374(2) Criminal Procedure Code challenges the judgment dated 16-4-2012 passed in Session Trial No. 142/2010 by learned First Additional Sessions Judge, Chhatarpur whereby appellants were held guilty for committing offence under section 302/34 of Indian Penal Code (IPC) for committing murder of Gajadhar @ Ajay and are directed to undergo sentence of life imprisonment with fine of Rs. 500/- with default stipulation.

2. Brief facts necessary for adjudication of this matter are that as per prosecution story, on 26-3-2010 Gajadhar @ Ajay aged about 30 years was at home situated near Bada Talab, Muhalla Ghuwara, District Chhatarpur. Gajadhar was sleeping at round 10:00 a.m. Appellants Rajesh Baretha and Deen Dayal Dheemar came to his house and poured kerosene oil over his body and set him ablaze. Gajadhar awake when kerosene oil was put on his body. Deen Dayal lit match stick and set him on fire. As per the story, nobody else was present in the home. Gajadhar screamed and ran away from the place of incident in order to get some help from neighbors. Imarti, Pragi, Gana, Maya and Kadori Lal helped him and extinguished the