Judgment Kanwaljit Singh Ahluwalia, J. 1. Suresh Kumar, aged 34 years, resident of Jhuggi No. S-24, Janta colony, Sector 24, Chandigarh, along with his wife Bimli, was nominated as accused in case FIR No.48 dated 20.3.1995, registered at Police Station West, chandigarh, under Sec.307/34 IPC. In the present case, FIR was lodged on the statement made by Chalan Ram, resident of Jhugi No. C-596, Janta Colony, sector 25, Chandigarh. Wife of Chalan Ram is real sister of Bimli. On 20.3.1995, Chalan Ram had made statement Ex. PB to Hawa Singh, Assistant Sub inspector of Police Post, Sector 24, Chandigarh. On basis of this, formal FIR ex. PB/2 was registered. 2. To appreciate the prosecution case and arguments raised by counsel for the appellants, it is necessary to reproduce FIR, same when translated into English read as under:- "statement of Chalan Ram son of Nanak Ram, resident of Jhuggi No. C-596, Janta Labour Colony, Sector 25, Chandigarh, aged 45 years. Stated that I reside at the above address with my family. I am also running a provisional store/karyana shop in Janta Labour Colony. Today, at about 7.00 P. M. , I was sitting on the cot outside the shop and my eldest son Babli 15 years, younger daughter Meenu, aged 10 years, and youngest son Bunti, aged 6 years, were sitting in the shop and watching television programme. My sister-in-law Bimli and her husband, who were residing in same Colony in Jhuggi No. C-24, came. They went inside our shop. There was a plastic Can containing kerosene oil in the hands of Bimli. I thought they have come for some work. Inside the shop, bimli had sprinkled kerosene oil on the person of three children from Can and suresh then tried to lit the match stick. Then my son Babli caught hold of both hands of Suresh and snatched the match box from his hand and raised hue and cry. Hearing the same, I rushed inside the shop. Bimli and Suresh stated that they would have burnt and killed all my three children. Bimli has got no child. She indulge in Jadu- Tonna (witchcraft ). Bimli and Suresh after pouring kerosene oil on my three children had made an attempt to kill them. Therefore, legal action be taken against them. I have heard my statement. Same is correct". 3. Bimli has got no child. She indulge in Jadu- Tonna (witchcraft ). Bimli and Suresh after pouring kerosene oil on my three children had made an attempt to kill them. Therefore, legal action be taken against them. I have heard my statement. Same is correct". 3. A peculiar feature of this case is that nobody has suffered any injury. Therefore, there is no medicolegal evidence to corroborate the testimony of Chalan Ram, complainant. The above said FIR was investigated. Report under Sec.173 Cr. P. C. was submitted. The appellants were charged by the Court of Additional Sessions Judge, Chandigarh. The charge stated that on 20.3.1995 at about 7.00 P. M. at Jhugi No. C-596 in Janta Colony, Sector 25, chandigarh, both the accused, in furtherance of common intention did an act which is punishable under Sec.307 read with Sec.34 IPC as Bimli had sprinkled kerosene oil on the clothes of three children, namely Babli, Bunti, sons and Meenu daughter of Chalan Ram, when they were watching television and the accused Suresh Kumar was about to lit the match box to put them on fire but due to intervention of father Chalan Ram, children were saved. Had the children not been saved, then the accused would have been guilty of triple murder. The accused pleaded not guilty and claimed trial. The trial Court convicted the appellants for offence under Sec.307 read with Sec.34 IPC and sentenced them to undergo rigorous imprisonment for five years and to pay a fine of rs.250/- each. In default of payment of fine to undergo rigorous imprisonment for one month each. 4. In the present appeal, challenge is to conviction and sentence recorded by the trial Court. It is now time to notice prosecution and defence evidence and arguments raised before the Court. Prosecution examined seven witnesses. 5. Jaswant Singh, Draftsman, appeared as PW.1. He stated that he had prepared scaled site plan Ex. PA on 21.3.1995. PW.2 Mahabir Singh, Constable, visited the spot and had taken photographs Ex. P1 to Ex. P3 and the negatives which have been exhibited as Ex. P4 to Ex. P6. 6. Chalan Ram, complainant, appeared as PW.3 and reiterated what was stated in the FIR. He further stated that police party headed by Hawa Singh, assistant Sub Inspector, had met him and he made his statement Ex. PB. P1 to Ex. P3 and the negatives which have been exhibited as Ex. P4 to Ex. P6. 6. Chalan Ram, complainant, appeared as PW.3 and reiterated what was stated in the FIR. He further stated that police party headed by Hawa Singh, assistant Sub Inspector, had met him and he made his statement Ex. PB. He further stated that from the spot, clothes of his children on which kerosene oil was sprinkled were taken into possession vide memo Ex. PC which was attested by him. He also proved Can as Ex. P1, match box as Ex. P2 and the clothes of the accused. In cross- examination, this witness stated that prior to the occurrence relations of the accused persons and complainant were cordial. He stated that he was lying on the cot at a distance of ten steps from the jhugi. There were also other jhugies around his jhugi. Many persons collected after the occurrence. Both the accused were inside the jhugi for about 30 minutes. 7. Babli, aged 16/17 years, appeared as PW.4. He corroborated the statement of his father Chalan Ram PW.3. Rajpal Singh, Head Constable, appeared as PW.5 and tendered his affidavit Ex. PW.5/a. 8. Prem Chand, Sub Inspector, appeared as PW.6, who had partly investigated the case and submitted report under section 173 Cr. P. C. PW.7 Hawa Singh, Assistant Sub Inspector, was the Investigating officer. He recorded the statement of complainant Ex. PB, he made his endorsement Ex. PB/1 and proved registration of FIR Ex. PB/2. Thereafter, he visited the spot and had drawn a rough site plan Ex. PD, requisitioned photographer, got the spot photographed and recovered from the spot Can Ex. P1, match box Ex. P2 along with clothes of witnesses. Prosecution closed its evidence. 9. All the incriminating evidence were put to the accused. They denied the same and claimed innocence. 10. In defence, accused examined DW.1 Suresh Kumar. This witness stated that accused were known to him. Khemo Devi, sister of Bimli was married with chalan Ram. Accused persons were not on visiting terms with Khemo Devi for the last so many years. On 20.3.1995, accused had not visited the house of Chalan ram and no untoward incident had taken place. 11. Mr. Sanjeev Kumar Arora, Advocate, appearing for the appellants, has stated that the entire prosecution story is unnatural, improbable and unconvincing. Accused persons were not on visiting terms with Khemo Devi for the last so many years. On 20.3.1995, accused had not visited the house of Chalan ram and no untoward incident had taken place. 11. Mr. Sanjeev Kumar Arora, Advocate, appearing for the appellants, has stated that the entire prosecution story is unnatural, improbable and unconvincing. Jhugi of the complainant is made of straw and in case match stick was lighted inside the jhuggi after the kerosene oil was poured, Jhugi would have burnt to ashes. Counsel states that relations between the parties were inimical and appellants have been falsely implicated. 12. Nobody has appeared on behalf of chandigarh Administration. 13. I have perused the evidence. It has come in the statement of PW.3 chalan Ram that many persons had gathered outside the jhugi from the locality. It has been further admitted by him in cross- examination that the accused remained at the spot for about 30 minutes. It is the case of prosecution that the accused were empowered and they were not allowed to light the match stick, yet the accused, after their apprehension were not handed over to the police and they were allowed to escape. There is a bald allegation that kerosene oil was poured. Nobody has suffered any burn injury. No independent witness from the locality or the neighbourer has been examined. To the bald assertion made by PW.3 Chalan Ram and PW.4 Babli, no corroboration is coming forward from any independent source. DW.1 Suresh Kumar stated that relations between the parties were strained. In the present case, occurrence had taken place on 20.3.1995 at 7.00 P. M. Statement of PW.3 Chalan Ram was recorded at 10.10 P. M. case was registered at 10.20 P. M. Special report reached Illaqa Magistrate on the next day at 10.15 A. M. The distance between Police Station West and the residence of Illaqa Magistrate was not more than 10/12 Kms. According to counsel for the appellants, Chandigarh Police has been provided with Motorcycles, and Gypsies. No such vehicle was used. Counsel further submitted that infact FIR was lodged in the morning, therefore, there is a delay in reaching of the special report. 14. According to counsel for the appellants, Chandigarh Police has been provided with Motorcycles, and Gypsies. No such vehicle was used. Counsel further submitted that infact FIR was lodged in the morning, therefore, there is a delay in reaching of the special report. 14. Taking into consideration, delay in reaching of the special report, inherent weaknesses in the testimonies of PW.3 Chalan Ram and PW.4 Babli, this Court is of the view that it is not safe to rely upon their deposition and as a matter of abundant caution, benefit of doubt can be extended to the appellants. 15. Thus, the present appeal is accepted. The appellants are acquitted of charges and their conviction and sentence is set aside.