J U D G M E N T

(Delivered on 15/09/2021)

PER VIVEK RUSIA, J:-

The appellants have filed these criminal appeals against the judgment dated 09.01.2009 passed by the XX Additional Sessions Judge, (Fast Track Court), Indore (M.P.) in S.T. No.225/2007 whereby the appellant Mania@ Manoj has been convicted as under:-

Section R.I. Fine Default

364 of IPC Ten years Rs. 2,000/- Three months

302/34 of IPC Life Imprisonment Rs.3,000/- Six months and appellant Anand@ Tattu has been convicted as under: -

Section R.I. Fine Default

364 of IPC Ten years Rs. 2,000/- Three months

302/34 of IPC Life Imprisonment Rs.3,000/- Six months

2. The prosecution story of this case in short is as under: -

i. On 26.03.2007 Anar Singh, police constable, Heera Nagar, police station recorded a Dehati Nalashi Exhibit-P/11 on the spot P.C. Sethi Nagar, near Mata Mandir, Indore according to which at midnight in the night on information was given by Mangal Singh S/o Babusingh (deceased) resident of 47, P.C. Nagar that he was standing near Mata Mandir at 12 in the night then Anand@ Tattu and Maniya@ Manoj came there and Anand said that nowadays you are becoming smart and today you would be finished. He took out the knife and stabbed him on the left side of his stomach. He has started bleeding. The Maniya@ Manoj caught hold of him and mounted on a motorcycle, took him to Heera Nagar ground via M.R. 10, thrown him on the ground. Thereafter Anand@ Tattu took out the petrol from the motorcycle and set him ablaze. His face, back, hand, neck was burnt. He ran away and climb over one house, by that time police came there. Accordingly, to him, the entire incident was witnessed by the residents. After recording the aforesaid Dehati Nalashi, since the offence was committed within the jurisdiction of M.I.G. Police Station, Indore therefore, after putting a note he sent the Dehati Nalashi through Anar Singh constable to M.I.G. Police Station.

ii. M.I.G. Police Station has registered an FIR at crime No.324/2007 under sections 307 and 34 of the IPC against both the appellants at the instance of Mangal Singh. Since Mangal Singh was injured, therefore, he was taken to the M.Y. Hospital by Anar Singh constable, after initial examination, Dr. Vijay Agrawal has found burn injuries 9% on the neck, 9% on the chest, 9% on the back and 9% on the stomach of Mangal Singh. With the smell of petrol, Dr has also found a fresh incise wound of size 4x1x9 (fresh). He referred the patient to the surgical department. Ashok Shrivastava A.S.I., M.I.G. Police Station, Indore P.W.-20 reached the M.Y. Hospital and obtained permission in writing from the doctor for recording the statement of Mangal Singh. He immediately called Rajnish Shrivastava Tehsildar for recording the statement i.e. the dying declaration. After 15 minutes he reached the M.Y. Hospital and recorded the statement of Mangal Singh vide. Exhibit-P/20. He took the signature of Mangal Singh and the doctor. As per the statement of Mangal Singh between 11 to 12 in the night, he was standing near the house along with Tilak and Amrit and suddenly Anand and Maniya came and started abusing him. Anand stabbed the knife on his thigh and Maniya caught hold of him mounted on the motorcycle and drove to Jeevan Ki Ser Tappu Nagar thereafter, near bridge of MR-10 Anand poured petrol on him then he ran away and from behind someone from both of them set him to fire. He went inside the house and poured water from the pot. By that time the resident of the colony called the police. He has shown ignorant as to why they have caused the incident to him because they are all known to each other.

iii. After registration of the FIR prosecution case set into motion. The police reached the spot and prepared a Naksha Panchayatnama. Anand@ Tattu was arrested on 27.03.2007 at 20:15 hrs and Maniya@ Manoj was arrested at 20:20 hrs. A knife was recovered from accused Anand. Mangal Singh died on 03.04.2007 during the treatment. The dead body was sent to the postmortem which was condu