JUDGMENT : Kanwaljit Singh Ahluwalia, J. 1. Bajranglal and Khatmal @ Uchchhavlal, two appellants before us are father and son respectively. The case of the prosecution is that both the appellants in the intervening night of 17th & 18th of June, 2006 in the revenue estate of Village Olaspura-Ka-Jhopra, falling within jurisdiction of Police Station Dablana, District Bundi, had poured acid upon Vimladevi and thereby caused her death. It is further case of the prosecution that on the very same date and time, both the appellants had thrown acid upon Devlal (PW-1), complainant/first informant and Ramnarainibai (PW-2), wife of Devlal (PW-1). Vimlabai (deceased) was a daughter of both; Devlal (PW-1) and Ramnarainibai (PW-2). 2. The Court of Additional Sessions Judge (Fast Track) No. 3, Bundi, vide its impugned judgment dated 18.10.2006, held both the appellants guilty of offences punishable under Sections 120-B, 326 and 302 of Indian Penal Code. 3. Having convicted the appellants for the above said offences, the ld. trial Court, vide a separate order of even date, sentenced them as under:-- "For offence under Section 120-B I.P.C. appellants were sentenced to undergo two years rigorous imprisonment each. For offence under Section 326 I.P.C. appellants were sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 1000/- each and in default of payment of fine to further undergo one month's additional simple imprisonment. For offence under Section 302 I.P.C. appellants were sentenced to undergo life imprisonment and to pay a fine of Rs. 2000/- each and in default of payment of fine to further undergo two months additional simple imprisonment." 4. The above sentences awarded upon the appellants on various counts were ordered to run concurrently. The benefit of Section 428 Cr.P.C. was also extended to the appellants. 5. Aggrieved against the judgment of conviction and order of sentence, both the appellants have preferred two separate appeals. 6. Appellant - Khatmal @ Uchchhavlal has preferred D.B. Criminal Appeal No. 1123/2006 before this Court, whereas his father - Bajranglal had filed D.B. Criminal Jail Appeal No. 888/2012 through Superintendent, Central Jail, Ajmer. 7. Since in both the appeals, common judgment of conviction and order of sentence has been assailed, we shall decide both these appeals together. 8. 6. Appellant - Khatmal @ Uchchhavlal has preferred D.B. Criminal Appeal No. 1123/2006 before this Court, whereas his father - Bajranglal had filed D.B. Criminal Jail Appeal No. 888/2012 through Superintendent, Central Jail, Ajmer. 7. Since in both the appeals, common judgment of conviction and order of sentence has been assailed, we shall decide both these appeals together. 8. In the present case, criminal proceedings were set into motion, on the basis of parchabayan/statement of Devlal (PW-1) recorded by Iqbal Hussain (PW-12), who was then posted as Assistant Sub Inspector, Police Station Dablana, Tehsil Hindoli, District Bundi. 9. Before the trial Court, Iqbal Hussain (PW-12) deposed that on 18.06.2006 in the night at 03:00 A.M. he received a telephonic call from Bundi Hospital stating that Devlal (PW-1), Vimlabai (deceased) and Ramnarainibai (PW-2) have been admitted in the hospital due to burns received from pouring of the acid. A further request was made on telephone that some officers be sent to take legal action. The information received was reduced into writing, copy of the same has been proved on record as Exhibit-P/22. This witness reached at the surgical ward, Government Hospital, Bundi. Doctor declared injured Devlal (PW-1) and Ramnarainibai (PW-2) fit to make the statement. However, for the purposes of recording statement, Vimlabai was declared unfit. After noting medical condition, this witness recorded statement of Devlal (PW-1) vide Exhibit-P/1. The said parchabayan/statement for registration of a criminal case for offences punishable under Sections 307, 323/34 I.P.C. was sent to the Police Station, Dablana. On the basis of above parchabayan/statement (Exhibit-P/1), a formal First Information Report (Exhibit-P/24) bearing First Information Report No. 154/2006 was registered at Police Station Dablana, District Bundi. This witness, being Investigating Officer of the case, prepared site-plan of the spot (Exhibit-P/2). He also got the spot photographed vide memo Exhibit-P/3 and took into possession photographs of the spot. He also took into possession simple soil for the purposes of comparison vide memo Exhibit-P/4. This witness also took into possession soil/earth soaked with the acid vide memo Exhibit-P/5. Investigating Officer took into possession clothes of the deceased - Vimlabai burnt due to throwing of the acid vide memo Exhibit-P/6. The burnt clothes of injured - Ramnarainibai (PW-2) were also taken into possession vide memo Exhibit-P/7. From the spot, Investigating Officer took into possession vest of Devlal (PW-1), stained with the acid vide memo Exhibit-P/8. Investigating Officer took into possession clothes of the deceased - Vimlabai burnt due to throwing of the acid vide memo Exhibit-P/6. The burnt clothes of injured - Ramnarainibai (PW-2) were also taken into possession vide memo Exhibit-P/7. From the spot, Investigating Officer took into possession vest of Devlal (PW-1), stained with the acid vide memo Exhibit-P/8. The goods recovered were deposited in the Malkhana. Thereafter, same were sent to State Forensic Science Laboratory Rajasthan, Jaipur for onward transmission vide Exhibit-P/12. This witness recorded statements of injured, namely Devlal (PW-1), Ramnarainibai (PW-2) and eye-witness Gordhan (PW-4). Vimlabai was referred for admission to the Government Hospital at Kota. At 05:00 A.M. this witness received an information that Vimlabai on the way to Kota had died and the dead-body had been kept in the mortuary. 10. Prosecution, in order to secure conviction of the appellants, had examined as many as thirteen witnesses, namely Devlal (PW-1), Ramnaraini (PW-2), Satyanarain (PW-3), Gordhan (PW-4), Pappu @ Radhey (PW-5), Allahnoor (PW-6), Babulal (PW-7), Satyanarain (PW-8), Forulal (PW-9), Dr. Manoj Jain (PW-10), Dr. O.P. Verma (PW-11), Iqbal Hussain (PW-12) and Siraj Ahmed (PW-13) respectively, and also relied upon documents Exhibit-P/1 to Exhibit-P/40 respectively. 11. In the present case, Devlal (PW-1) and Ramnarainibai (PW-2) are not only injured eye-witnesses in the alleged occurrence, but also the parents of the deceased - Vimlabai. 12. Dr. O.P. Verma (PW-11) on 18.06.2006 in the morning at 09:20 A.M. had medico-legally examined injured -Ramnarainibai wife of Devlal, who was admitted in the hospital. As per Injury Report (Exhibit-P/19), he had found 35% burns on the person of injured - Ramnarainibai (PW-2). 13. The injury noted in the Injury Report (Exhibit-P/19) is reproduced herein below for ready reference:-- "Skin burn superficial to deep blackening of face, chest and back, lower part of abdomen at face may give rise to dis-fragmentation of face." 14. On the very same day at 09:00 A.M. Dr. O.P. Verma (PW-11) had examined injured - Devlal (PW-1) and found burns injuries on his face, chest, upper portion of both the hands and left thigh. The face was disfigured and Devlal (PW-1) had suffered 30 to 40% injury. 15. In the Injury Report (Exhibit-P/20), following injury has been noted:-- "Skin burns superficial to deep blackening. No blister burning sensation on face, chest. Both upper extending abdomen. Superficial of right thigh. Disfiguring of face present." 16. The face was disfigured and Devlal (PW-1) had suffered 30 to 40% injury. 15. In the Injury Report (Exhibit-P/20), following injury has been noted:-- "Skin burns superficial to deep blackening. No blister burning sensation on face, chest. Both upper extending abdomen. Superficial of right thigh. Disfiguring of face present." 16. On the very same day at 09:10 A.M. Dr. O.P. Verma (PW-11) had examined Vimlabai vide Exhibit-P/21. She had suffered 70% burns. The burns were found on her face, neck, upper portion of both hands, back, abdomen and upper portion of both the thighs. Vimlabai was in an semiconscious condition. 17. Dr. Manoj Jain (PW-10), being Medical Jurist, Government Hospital, Bundi on 18.06.2006 had performed Post Mortem on the dead-body of Vimlabai. This witness had proved on record Post Mortem Report (Exhibit-P/18) and in the Court witness, qua the condition of dead-body broadly has deposed as under:-- "Skin burns superficial to deep blackening. No blister blackening on face, neck, chest, both upper extremely, back upper part, both thigh, abdomen". 18. As per opinion of the Doctor, cause of death was shock brought about by above mentioned corrosive burns, which were ante-mortem in nature and sufficient to cause death in the ordinary course of nature. 19. In the Court, Devlal (PW-1) stated that his field is near to his Village and he had built his house in the fields. This witness stated that in his house, his daughter - Vimlabai, wife Ramnarainibai and Gordhan, son of the brother of the wife were staying. On 18.06.2006 in the night at 01:00 A.M. he had arisen from the bed to ease himself. From the side of the trees belonging to one Dayaram, both Bajranglal and his son Khatmal @ Uchchhavlal came towards him. Bajranglal was carrying a jug, whereas Khatmal @ Uchchhavlal was carrying a Can. Bajranglal had thrown jug containing acid upon him due to which his eyes started burning. He raised cry. On hearing noise, his wife and boy in the house also woke up from the bed. Khatmal @ Uchchhavlal had thrown a Can containing acid upon his daughter - Vimlabai. Remaining acid was also thrown by Khatmal @ Uchchhavlal on the face, chest and clothes of Devlal. He raised cry. On hearing noise, his wife and boy in the house also woke up from the bed. Khatmal @ Uchchhavlal had thrown a Can containing acid upon his daughter - Vimlabai. Remaining acid was also thrown by Khatmal @ Uchchhavlal on the face, chest and clothes of Devlal. The witness raised cries, Villagers arrived at the spot and brought him in a jugad vehicle to the Police Station and from there they were got admitted at Bundi Hospital after vehicle marshal was arranged. They were treated at hospital Bundi. Thereafter, they were referred to the hospital at Kota. The accused had thrown acid upon his wife also. The witness stated that acid was poured because he had taken Rs. 20,000/- from the accused. He had returned the said amount. Bajranglal used to speak with his wife in manner which was not proper. He restrained accused to behave improperly with his wife. The witness further restrained Bajranglal to visit his house. The witness proved lodging of the report and registration of the case in pursuance thereof. The witness further admitted that they are three brothers, namely Ramkishan, Devlal and Forulal. All three were residing in the Village. His bara from the Village was at a distance of fifty feet. The witness stated that he knew Bajranglal from the day he was born. Lastly, this witness admitted that the mother of Bajranglal was alive. Everybody at home was sleeping in a separate cot. The cot of Gordhan was at a distance of three-four feet from his cot. 20. Ramnarainibai (PW-2), wife of Devlal (PW-1) also stated that on the alleged night at about 01:00 A.M. accused came and had thrown acid upon her husband - Devlal (PW-1) and her daughter - Vimlabai, deceased. Thereafter, accused had also thrown acid upon her. 21. Satyanarain (PW-3) stated that on 18.06.2006 between 01:00 A.M. to 02:00 A.M. his wife had woken him up from the sleep. He went to the house of Devlal (PW-1) and saw that Devlal, Ramnarainibai and Vimlabai were wet with the acid. The Villagers informed that acid has been thrown upon them by Bajranglal and his son. The witness came to his house and informed Police. Thereafter, witness took injured to the Police Station in a "jugad" and from there in a tata sumo of Ramesh, they had got injured admitted at Bundi hospital. Police arrived at the spot. The Villagers informed that acid has been thrown upon them by Bajranglal and his son. The witness came to his house and informed Police. Thereafter, witness took injured to the Police Station in a "jugad" and from there in a tata sumo of Ramesh, they had got injured admitted at Bundi hospital. Police arrived at the spot. Police prepared site-plan (Exhibit-P/2) and took photographs vide memo Exhibit-P./3. They lifted simple earth vide memo Exhibit-P/4. They had taken earth soaked with the acid vide memo Exhibit-P/5. Lastly, this witness had witnessed Police taking into possession the clothes of Vimlabai, Ramnarainibai and Devlal vide memos Exhibit-P.6, Exhibit-P/7 and Exhibit-P/8 respectively. 22. Gordhan (PW-4) stated that two-&-half months before in the night he along with his bhua - Ramnarainibai (sister of the father) and his phufa and daughter of bhua were sleeping at about 01:30 A.M. at the fields. Devlal raised cries. He informed that Bajranglal and Khatmal @ Uchchhavlal had thrown acid upon him. Bajranglal was having steel jug whereas Khatmal @ Uchchhavlal was having a plastic Can. In the presence of this witness, both the accused ran away from the spot. 23. Pappu @ Radheyshyam (PW-5) stated that he is a resident of Olaspura and is having business of milk dairy. He used acid for his business. He used to keep acid in a quarter situated in front of his house. Both the accused are neighbourers. The witness further stated that he was informed by injured that Bajranglal and Khatmal @ Uchchhavlal had thrown acid upon him. His acid was also missing. The witness stated that he never knew as and when his acid was taken away. Lastly, this witness stated that he knew family of Devlal from last eight/ten years ago. Devlal was having three brothers, namely Devlal, Forulal and Ramkishan. 24. Allahnoor (PW-6) stated that he used to supply acid to the milk dairy. He used to supply acid to Pappu @ Radheyshyam (PW-5). 25. Babulal (PW-7) stated that he was posted as Head Constable at Police Station, Dablana and was Incharge of the Malkhana. He proved on record deposit of sealed packets with him vide Exhibit-P/10 and their onward transmission to the State Forensic Science Laboratory Rajasthan, Jaipur vide Exhibit-P/12 through Constable - Satyanarain (PW-8). 25. Babulal (PW-7) stated that he was posted as Head Constable at Police Station, Dablana and was Incharge of the Malkhana. He proved on record deposit of sealed packets with him vide Exhibit-P/10 and their onward transmission to the State Forensic Science Laboratory Rajasthan, Jaipur vide Exhibit-P/12 through Constable - Satyanarain (PW-8). Thus, Constable Babulal (PW-7) and Constable - Satyanarain (PW-8) were examined by the prosecution to prove link evidence, Forulal (PW-9) is brother of injured - Devlal (PW-1). This witness stated that hearing noise in the night, he had gone to the house of his brother. He was informed by Devlal (PW-1) that accused had thrown acid. 26. Siraj Ahmad (PW-13), is an another Investigating Officer. He had effected arrest of the accused-appellant and recovered steel jug and plastic Can on the basis of the disclosure made by the accused-appellant. 27. Thereafter, prosecution closed its evidence. The statements of accused were recorded under Section 313 Cr.P.C. The accused denied all incriminating circumstances put to them and pleaded false implication. 28. In defence, accused had examined one Gangaram (DW-1). Gangaram (DW-1) stated that from last many years, Ramnarainibai wife of Devlal was having illicit relations with accused - Bajranglal. This witness further stated that he had gone to the spot, where Devlal was having some substance in the bucket. Vimlabai was sitting on the cot, Devlal was attempting to pour substance in bucket over Ramnaraini and Bajranglal. Lastly, this witness stated that when Devlal had restrained his wife regarding visits of Bajranglal. Relations of Devlal also restrained Ramnarainibai, however, Bajranglal used to stay in her house and eat his meals also there. Ramnarainibai replied to the relations that Bajranglal will continue to come and meet her. Ramnarainibai according to the witness was deficient. 29. We have heard Mr. Biri Singh Sinsinwar, ld. Senior Counsel, ably assisted by Mr. Rajesh Choudhary, learned counsel appearing for the accused-appellant -Khatmal @ Uchchhavlal and Mr. V.R. Bajwa, learned amicus curiae appearing on behalf of accused-appellant - Bajranglal and Mr. Aladeen Khan, learned Public Prosecutor appearing for the State of Rajasthan and have also perused the impugned judgment and the entire record of the case. 30. The learned counsels appearing for both the accused-appellants, have assailed the testimony of Devlal (PW-1) and Ramnarainibai (PW-2) on the ground that both are interested witnesses. Aladeen Khan, learned Public Prosecutor appearing for the State of Rajasthan and have also perused the impugned judgment and the entire record of the case. 30. The learned counsels appearing for both the accused-appellants, have assailed the testimony of Devlal (PW-1) and Ramnarainibai (PW-2) on the ground that both are interested witnesses. It has been submitted by both the learned counsels that due to illicit relations between Bajranglal and Ramnarainibai, witnesses had motive to falsely implicate Bajranglal and his son Khatmal @ Uchchhavlal. We are unable to hold the contention raised. Both Devlal (PW-1) and Ramnarainbai (PW-2) have suffered burns injuries due to pouring of the acid. Injuries on the persons of Devlal (PW-1) and Ramnarainibai (PW-2) cannot be self-suffered. As per testimony of Dr. O.P. Verma (PW-11), Ramnarainibai (PW-2) had suffered 35% burns, whereas Devlal (PW-1) and Vimlabai had suffered 30 to 40% and 70% burns. All burns, as per medical evidence, were as a result of throwing of the acid. The burns were corrosive in nature. Both the eyewitnesses, namely Devlal (PW-1) and Ramnarainibai (PW-2), in a categoric terms, have stated that on the intervening night of 17th & 18th of June, 2006, accused - Bajranglal came carrying steel jug containing acid, whereas Khatmal @ Uchchhavlal was carrying plastic Can containing acid. Immediately on arrival, Bajranglal had thrown acid on the persons of Devlal (PW-1). Thereafter, Khatmal @ Uchchhavlal had poured plastic Can containing acid on the person of Vimlabai. As a result of burns received, Vimlabai died. 31. In the present case, occurrence had taken place on the intervening night of 17th & 18th of June, 2006 at about 01:00/01:30 A.M., parchabayan/statement (Exhibit-1) of injured -Devlal (PW-1) was recorded at 04:30 A.M. and formal First Information Report (Exhibit-P/24) was registered at 06:30 A.M. Thus, to us, First Information Report, in the present case, has been very promptly lodged and contains spontaneous version. Therefore, we will take version given in the First Information Report to be a truthful version. After Iqbal Hussain (PW-12) had obtained opinion regarding fitness of the injured, immediately statement of Devlal was recorded. In the statement made promptly, witnesses have disclosed the name of the accused. To us, in the present case, First Information Report is free from the blemish of consultations and deliberations. Furthermore, testimony of Devlal (PW-1) and Ramnarainnibai (PW-2) suffer from no embellishment of contradictions, improvements and discrepancies. In the statement made promptly, witnesses have disclosed the name of the accused. To us, in the present case, First Information Report is free from the blemish of consultations and deliberations. Furthermore, testimony of Devlal (PW-1) and Ramnarainnibai (PW-2) suffer from no embellishment of contradictions, improvements and discrepancies. To us, both the witnesses, namely Devlal (PW-1) and Ramnarainibai (PW-2) are credible witnesses. The medical evidence, in the present case, also corroborates ocular version. 32. The defence version, unfolded by Gangaram (DW-1) is improbable. We cannot believe that Devlal poured acid upon his wife - Ramnaraini (PW-1) and daughter - Vimlabai, deceased. According to Gangaram (DW-1), Devlal was attempting to pour some substance in bucket over Bajranglal and his wife, curiously Bajranglal had suffered no injury, hence, it can be safely said that Gangaram (DW-1) is a procured witness, who is not truthful. We shall ignore the testimony of Gangaram (DW-1). 33. Thus, taking totality of circumstances, we find no merit in the present appeals and, hence, the same are, hereby, dismissed by affirming conviction pronounced and sentence awarded by the trial Court. 34. Let a copy of this order be placed in the connected file.