Pritinker Diwaker, J.

This appeal arises out of the judgment of conviction and order of sentence dated 3.1.2015 passed by the 1st Additional Sessions Judge, Balod, Distt. Balod in Sessions Case No. 02/2013, convicting each of the appellants under Section 307/120B, 364A & 392/397 of IPC and sentenced them to undergo RI for 10 years, fine of Rs.100/-; life imprisonment, fine of Rs.200/- and RI for 07 years respectively with default stipulations.

2. As per the prosecution case, complainant Arjit Sharma (PW-6) was residing as a paying guest in the house of Smt. Seema Singh (PW-7). Accused/appellant No.1 Neeraj Sharma and the complainant were known to each other. On 2.1.2013 at about 6.30 pm accused/appellant Neeraj Sharma called the complainant on his cell phone to visit Nehru Nagar and Yugantar College, Rajnandgaon. It is said the motorcycle was being ridden by accused/appellant No.2 Ashwani Kumar Yadav, complainant was sitting behind him and appellant Neeraj Sharma was sitting in the last. The complainant was taken to Doundilohara where at about 1 am while he was easing himself, the accused/appellants made an attempt to kill him by tying clutch wire around his neck and pulling the same from its both ends. Resultantly, the complainant fell on the ground, however, the appellants thinking that the complainant has died, poured petrol on his body and set him afire. Before setting him on fire, his mobile phone and cash of Rs.5000/- were looted. The complainant somehow survived and escaped from there to a nearby place where 3-4 persons were standing, to whom he narrated the incident and they called ambulance. The complainant was first taken to Doundilohara hospital where after primary treatment he was referred to Rajnandgaon and then to Sector- 9 Hospital, Bhilai. From Doundilohara hospital intimation Ex.P/8 was given by the doctor to the police and after arrival of police, Dehati Nalishi Ex.P/12 was recorded on 3.1.2013. MLC of the victim is Ex.P/9 wherein the doctor (PW-4 Jaikumar Chunarkar) noticed burn injuries over anterior and posterior aspect of complete both lower limb, skin and epidermis separated out from its attachment and became blackish, burn injury over abdomen just above perineum region and multiple small blister formation; burn injury also present over lower waist region, over right side upper part of chest, patient has linear ligature mark reddish in colour with abrasion above thyroid, cartilage all over anterior aspect of the neck from right mandible angle to left mandible angle. The doctor found that it was 1st degree burn and the percentage of the same was 45 to 48. On 3.1.2013 itself based on the Dehati Nalishi, FIR (Ex.P/15) was registered against appellant Neeraj Sharma and other unknown persons under Sections 394 & 307 of IPC. Considering the injuries sustained by the complainant, on 4.1.2013 his dying declaration (Ex.P/13) was recorded by the Executive Magistrate PW-8 BK Verma. After investigation, charge sheet was filed against the appellants and one Ravi Kumar Dwivedi (acquitted accused) and they were charged under Sections 120B, 364A, 307 and 392/397 and in alternative 394 of IPC.

3. So as to hold the accused persons guilty, the prosecution examined 11 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. Accused/appellant Neeraj Sharma examined himself as DW-1.

4. The trial Court after hearing counsel for the respective parties and considering the material available on record, by the impugned judgment while acquitting accused Ravi Kumar Dwivedi of all the charges, convicted and sentenced the appellants as mentioned in para-1 of this judgment.

5. Counsel for the appellants submit as under:

that there is no eyewitness account to the incident and the accused/appellants have been falsely implicated in this case on basis of weak piece of circums