JUDGMENT :

Dinesh Maheshwari, J.

Preliminary

1. By way of these appeals, the appellants have called in question the judgment and order dated 23.05.2011 in Criminal Appeal No. 121 of 1999 and Criminal Appeal No. 139 of 1999 whereby, the High Court of Delhi has affirmed the judgment and order dated 30.01.1999 in Sessions Case No. 2 of 1998 by the Additional Sessions Judge, Delhi; and has upheld the conviction of the appellants for the offence punishable under Section 302 read with Section 34 of Indian Penal Code (‘IPC’).

2. In a brief outline of the material aspects, it could be noticed that in the present case, the appellants are accused of causing death of one Sher Singh by putting him on fire. There had been no eye-witness to the incident but the prosecution has relied upon two statements said to have been made by the deceased after the incident: one when he was admitted to the hospital with 100% burns and another when he was under treatment, respectively to a doctor and to a police officer. The Trial Court as also the High Court have accepted these statements as being his dying declarations wherein the appellants were named as the assailants. Therefore, the appellants stand convicted