JUDGMENT G.R. Moolchandani, J. - These two clubbed criminal Jail appeals have been preferred assailing conviction passed by Additional Sessions Judge (Fast Track) No.3, Ajmer, Camp Kishangarh against accused Gopal Singh in Sessions Case no.21/2006 (16/2006) on 16.05.2008 and by Additional Sessions Judge, Kishangarh, District Ajmer, convicting co-accused Om in Sessions Case No.30/2012 on 03.03.2016 and both the appellants have been convicted for the offence punishable under Section 302 read with 34 of IPC and have been sentenced to undergo life imprisonment with a fine of Rs. 1,000/-, in default thereto further to undergo three months imprisonment. 2. Since both the appeals have sprung out of the same FIR and charge-sheet are clubbed together, therefore, both are being decided by a common judgment. 3. Criminal proceedings were put into motion, when Smt. Nandu having sustained burn injuries got her statements recorded to PW4 Sub-Inspector Bheru Singh, while admitted in Government Yagyanarayan Hospital, Kishangarh as Exhibit-P5, on basis of which, formal FIR Exhibit-P6 was registered at Police Station Madanganj, District Ajmer as FIR No.371/2005 by lodging FIR No.371/2005 on 27.11.2005 for the offence punishable under Section 341, 307 of IPC. 4. Exhibit-P5 dated 28.11.2007 dying declaration, registered as parchabayan while deceased was injured and was admitted in the Hospitle. 5. Smt. Nandu Devi wife of Ramdev aged 65 years by caste Kumhar resident of Azad Nagar, Madanganj, presently under treatment at Government Yagyanarayan Hospital, Kishangarh has stated in her prachabayan (dying declaration) contents of it reads as under on english translation:- "I am living in Quarter No.12 at Azad Nagar, Madanganj for last 40 years. I have got no son or daughter. My neighbours Gopal and Om Ji Purohit were constructing latrine-tank on the passage, in front of my house. A day before yesterday I checked them. Ward Members also denied them for doing the same. Because of this, today when I was coming to Ahiron Ka Mohalla for selling vegetables, then on the way Gopal and Om Ji Purohit came from behind and poured petrol upon me and set me ablaze to kill me, which resulted ignition to my wearings. Incident was witnessed by wife of Radhey Shyam, resident of Kabrishtan area and passersbys. People of surrounding area have brought me to this Hospital. My niece Prem had also reached on the spot. The incident belongs to about 05:00 PM". 6. Incident was witnessed by wife of Radhey Shyam, resident of Kabrishtan area and passersbys. People of surrounding area have brought me to this Hospital. My niece Prem had also reached on the spot. The incident belongs to about 05:00 PM". 6. This statement has been recorded on 27.11.2005 at 06:00 PM by PW4 Sub-Inspector Bheru Singh, a thumb impression of injured Nandu has also been taken on this statement, beneath to it Dr. Mukesh Kumar Joshi has made a remark with green pen endorsing that "statement taken in front of me by Shri Bheru Singh, S.I., Police Station Madanganj", sign of Dr. Mukesh Kumar Joshi with date are also endorsed thereon. 7. Sub-Inspector Bheru Singh has also observed that statements of injured Smt. Nandu were admitted correct, when read over to her. This parchabayan was subsequently presented at Police Station Madanganj at 07:10 PM and FIR No.371/2005 was registered, this Exhibit has further been exhibited as Exhibit- P14 on 11.04.2014, while trial of another co-accused "Om" has taken place. 8. Dr. Mukesh Kumar Joshi, who has been examined as PW12, has corroborated contents and factual aspect of Exhibit-P5 parchabayan, which has subsequently treated as dying declaration after demise of injured Smt. Nandu and he has stated that on 27.11.2005, he was working as a Medical Officer in Government Yagyanarayan Hospital, Kishangarh on that day at about half past five in the evening Smt. Nandu Devi wife of Ramdev aged 65 years was admitted in the Hospital with burn injuries and at that time A.S.I. Shri Bheru Singh was there in the Hospital to whom Smt. Nandu Devi recorded her statements Exhibit-P5, in which 'E' to 'F' is his writing and 'C' to 'D' his signatures and at spot 'X' thumb impression of Nandu Devi is affixed. He has further stated that Exhibit-P5 statements were given by Nandu Devi before him, which were recorded by A.S.I. Shri Bheru Singh. Nandu Devi was admitted in burnt position and was speaking at the time of admission, parchabayan Exhibit-P5 was read over by Bheru Singh Ji to Nandu Devi and Nandu Devi had admitted its correctness. Smt. Nandu Devi was referred by me to Jawahar Lal Nehru Hospital, Ajmer on the advise of Dr. Nandu Devi was admitted in burnt position and was speaking at the time of admission, parchabayan Exhibit-P5 was read over by Bheru Singh Ji to Nandu Devi and Nandu Devi had admitted its correctness. Smt. Nandu Devi was referred by me to Jawahar Lal Nehru Hospital, Ajmer on the advise of Dr. P.C. Agarwal, in crossexamination he has further confirmed that Smt. Nandu Devi was got admitted in the Hospital at half past five in the evening but by whom, he is not aware. He has further stated that often a patient sustaining 75% burn injuries, hallucinate but in this case, condition of Nandu Devi was stable and she was talking normally, so I am of the view that she was normal, parchabayan was recorded before me and it was read over to her before me. He has also observed that mental status of the patient is scanned and ascertained by her utterances and attitude. 9. Appraisal of testimony of parchabayan i.e. dying declaration, is enough to indicate that while statements of injured Smt. Nandu Devi were recorded, her mental status was sober and she was fit, which were endorsed by PW12 Dr. Mukesh Kumar Joshi and her statements were also recorded in presence of medical expert PW12 Dr. Mukesh Kumar Joshi, even contents of her statements were read over to her and Smt. Nandu Devi confirmed correctness of the same. She was uttering normal and was able to communicate as per the testimony of Dr. Mukesh Kumar Joshi. 10. PW4 Bheru Singh has also confirmed this aspect and ratified the same, so there remains no suspicion in respect of propriety innocuousness and admissibility of dying declaration of Smt. Nandu Devi, basis of FIR. 11. PW4 Bheru Singh son of Panna Singh has stated that on 27.11.2005, he was posted at Madanganj, Police Station as SubInspector, Medical Officer Dr. Joshi telephonically informed at Police Station from Yagyanaryan Hospital, Kishangarh, that one Smt. Nandu Devi wife of Ramdev aged 65 years by caste Kumhar, resident of Azad Nagar, Madanganj, Kishangarh, was admitted in the Hospital with burn injuries and asked someone to be sent to Hospital. He alongwith Sub-Inspector Dharam Pal and Jeep driver Mohan Lal left for the Hospital, its entry report is Exhibit-P4 and at the time of co-accused Om's trial this version has been ratified in sync by PW12 Dr. He alongwith Sub-Inspector Dharam Pal and Jeep driver Mohan Lal left for the Hospital, its entry report is Exhibit-P4 and at the time of co-accused Om's trial this version has been ratified in sync by PW12 Dr. Mukesh Kumar Joshi as well as by this witness and Exhibit-P4 has further been exhibited as Exhibit-P23 at that time. 12. Shri Bheru Singh has further stated that they reached Hospital, where they found Nandu Devi under brunt condition, her statements Exhibit-P5 were recorded before Dr. Joshi, she was conscious at the time of her statements, Exhibit-P5 has got his signatures from 'A' to 'B' and from 'C' to 'D' signatures of Dr. Mukesh Joshi are there, at place 'X' thumb impression of injured Smt. Nandu Devi was taken, on basis of parchabayan, a case was lodged for the offence punishable under Section 341, 307 of IPC and it was handed over to me. Shri Teja Ram was Thana Incharge at Madanganj Police Station on that day, he has further stated that Exhibit-Pl is spot map of the place of occurrence, which was drawn by him before motbirs Sundaram, Sampat and Smt. Kanu, it contains his signatures from 'C' to 'D', 'E' to 'F' signature is of Sampat and 'A' to 'B' signature relates to Sundaram and at 'X' there is thumb impression of Smt. Kanu. He has further stated that during investigation, injured Nandu Devi expired, while under treatment at J.L.N Hospital, Ajmer, he had been there and drawn panchayatnama, mautbirs Shanvar Lal, Mahaveer, Prabhu Lal, Ghisa Lal were present there, who had opined that cause of death her death was due to burning by pouring of petrol, Exhibit- P2 contains signatures of Shanvar Lal, Mahaveer, Vishnu Kumar, Geesha Lal, Prabhu Lal, Om Prakash, memo of delivery of dead body is Exhibit-P3. He has further stated that during investigation statements of Kanu Devi, Om Prakash, Nandu Devi, Ghisa Lal, Smt. Prem, Ratan Lal, Jugalkishore, Kailash were recorded as per their say, medical report of injured Smt. Nandu Devi was obtained and kept on record for further investigation, diary was consigned to Shri Dilip Sharma, SHO to chalk FIR Exhibit-P6, which contains 'A' to 'B' his signatures and signatures of Tejaram are 'C' to 'D', in cross-examination he has stated that statements of complainant were recorded in Emergency Ward of Yagyanarayan Hospital, he has clarified that since need of a separate certificate was not felt, so it was not obtained on information of Smt. Kanu Devi, an eyewitness, spot map was drawn. 13. Prosecution has also produced eye-witness account of the incident, which corroborates and ratifies version of dying declaration and makes it innocuous and a corroborative peace of reliability. 14. PW 20 Smt. Kani w/o Radhey Shaym is eloquent by saying that two years back in the evening at 05:00 PM, she was going to buy milk from market, the milkman is Maheshwari, Nandu Devi resided ahead of their Mohalla, called as Quarter No. 12, she has further stated that this witness was going ahead and heard voice of Nandu from back side, a sound of scream was heard uttering "I have been burnt, I have been burnt", she rushed to her and on taking turn, she found Nandu Devi's wearings were flaming and she was burning, she (this witness) tried to extinguish the fire by cladding her Shawl but it couldn't, then she tried to extinguish by throwing soil dust, she asked to bring her clothes, since she has got stripped, she has further stated that she is not aware that who are Gopal and Om. when she extinguished the fire none else was nearby there and on her cry area people gathered there, she has also stated that she asked area people to catch hold of the assailants but none dared to catch them, she could not see running-away assailants, since she was engaged in extinguishing the fire. Smt. Nandu was having a vegetable-basket, Smt. Nandu spoke of her own that she was got burnt by Gopal and Om, both Gopal and Om reside near house of Nandu. Smt. Nandu was having a vegetable-basket, Smt. Nandu spoke of her own that she was got burnt by Gopal and Om, both Gopal and Om reside near house of Nandu. She has further said that because of shock sustained, she felt anxiety and nervousness, still her condition is not upright and she often think of the burning incident, which still hovers in her mind, in cross-examination she has stated that she was treading 100 to 125 steps ahead of Nandu Devi, when Nandu Devi was burning she heard her voice, passage where Nandu Devi was burning is a public passage, this witness while examined as PW1 in Sessions Case pertaining to co-accused Om, has stated that she witnessed Nandu Devi in burning condition and went there on her call and tried to extinguish the fire, which corroborates the story of prosecution and her subsequent version does not impact the creditworthiness of this witness as well as upon case of the prosecution. 15. Nothing abnormal has emerged from the crossexamination of these witnesses, which could question the evidentiary value of testimony of aforesaid witnesses as to impeach their creditworthiness. 16. Another eye-witness is PW21 Omprakash, tenant of Nandu Devi's house has stated that Gopal and Om reside there in neighbourhood. Gopal Singh had started constructing water tank in front of house of the deceased, so heated wordily exchanges had taken place. Nandu Devi had asked him not to construct tank there by saying that do not construct a water-tank in front of her gate and let it be constructed elsewhere, which made him angry, Councilors Jugal kishore and Ratan were also summoned they too tried to make Gopal Singh understand and left after doing so, two days later he was coming to market, on Sunday in the evening at 05:00, at that time Gopal poured bottle of petrol upon Nandu Devi and Om ignited matchstick and they got burnt Nandu Devi, this incident had occurred in front of Arvind textile, he has further stated that Gopal Singh poured petrol upon Nandu Devi from her behind, when she turned, petrol was poured in her front as well, Nandu Devi was set ablazed, he chased behind the accused persons but they fled away rapidly. He has also stated that Prem Devi was also with him, Nandu was coming with vegetable-basket from her home, he has further stated that they tried to quell fire by throwing soil-dust, one lady also tried to extinguish the fire by putting and covering her shawl. Smell of petrol was emanating from body of Nandu Devi. Many area people gathered there, then he took her to Government Yagyanarayan Hospital, from where she was referred to J.L.N Hospital, Ajmer, he has also confirmed Exhibit-P32 seizure memo of wearing clothes of Nandu Devi and has accepted his signatures as 'A' to 'B', he has also corroborated Exhibit-P2 panchayatnama, Exhibit-P14 seizure of apparels of accused Gopal and its place of seizure Exhibit-P15, in crossexamination he has stated that he was going to his home from the side of bus-stand, it was a leisure day, so he had not been to his work since it was not a working day, hearing scream of Nandu Devi, his attention was drawn to that side, a gap of 50 to 100 steps was there between him and Nandu Devi, he chased Gopal, who fled away in river side, rushing back to the spot, he put soil- dust upon Nandu Devi, he has further stated that altercation had taken place two days back because of water-tank fabrication, he has accepted the signatures on all the Exhibits, nothing adverse has emerged from cross-examination of this witness as well. 17. PW22 Prem Devi, another eye-witness, though a relative, has stated Nandu Devi was her aunt (mausi), who was residing at Quarter No.12, Azad Nagar for 30 - 35 years, she was issue-less, so from the age of two years, she was residing with her aunt, her marriage was also solemnized by her aunt Nandu Devi, she has further stated that her husband Nathu and she were living with Nandu Devi. House of Gopal and Om were in their neighbourhood, they are residing there with their mother, they were constructing a water-tank and latrine safety-tank in front of our house, my aunt (mausi) denied them not to construct tank in front of her gate, they insisted that they will construct the tank/s right there without shifting it otherwise in deviation. "Asking", not to construct, got infuriated them, her aunt did not say but brought two Ward Members, which rather raged them. "Asking", not to construct, got infuriated them, her aunt did not say but brought two Ward Members, which rather raged them. Incident belongs to two years back of 05:00 in the evening, her aunt Nandu Devi was going with vegetable-basket from her residence and this witness was returning from market, they both were in yonder to each other and a gap of 5 to 10 steps was there between them. Gopal came from Nandu Devi's back with a plastic bottle containing petrol and poured it upon Nandu Devi and Om put a sparked matchstick upon Nandu Devi by setting her clothes ablazed, soon as she turned, Gopal Singh ignited and set her ablazed from anterior side, her clothes instantaneously got blazed. Nandu Devi cried, Smt. Kani was also there, who threw soil-dust to quell fire, I chased accused persons but hurriedly they fled away. 18. Omji also came there rushingly, area people gathered there. The incident occurred in front of Arvind factory, petrol smell was coming out of the wearings of Nandu Devi, after extinguishing fire of Nandu Devi, she was taken to Government Yagyanarayan Hospital, where she was inquired and further was referred to J.L.N Hospital, Ajmer, she has also stated that because of enmity to construct tank/s, she was set ablazed and Nandu Devi died during treatment in Ajmer hospital. She was under treatment for about eight days there, she has asserted that her statements were recorded by police and the burnt clothes were given to police by her, which were seized by police and has accepted that memo of her wearings is Exhibit-P32, which contains her signatures and Exhibit-P32 was drawn before her. In cross-examination, she has negated interrogatory that the fire would have been ignited because of accidental beeri ingniting spark and has stated that Nandu Devi used to never possess match and beeri-bundle. 19. Examination of evidence, which have been adduced by all these witnesses as well as in connected file pertaining to separate trial of co-accused Om, also ratifies almost all the narrations and factual aspect as have been narrated in the evidence of all afore-discussed witnesses in sync, due to similarity and almost similar tenet and details that is not being discussed distinctively. 20. 20. In Gulzari Lal v. State of Haryana (2016) 4 SCC 583 , Supreme Court has held that a valid dying declaration may be made without obtaining a certificate of fitness of the declarant by a medical officer. Evidence of Constable Manphool Singh recording statements of deceased, was found to be trustworthy, having been accepted by court below and similar being position in case under hand because testimony of ASI Bheru Singh has been found to be creditworthy, who has recorded dying declaration of victim deceased Smt. Nandu Devi, Doctor though not issuing separate certificate of her mental status, has endorsed a certificate beneath the statements and has also confirmed mental fitness and sobriety of victim of her mental fitness also testifying that victim Nandu Devi confirmed and ratified contents of her dying declaration after understanding the same. 21. PW27 Ghisa Lal, brother of deceased, has also stated that day of occurrence was Sunday, so he was in his village, he learnt that his sister was got ablazed by two assailants, hearing so he came to her in Kishangarh Hospital, then it could be gathered that she has been referred to Victoria Hospital Ajmer, he has further stated that upon speaking her sister, she informed him that she was got burnt by Gopal and Om by pouring petrol since they were inimical on issue of constructing water storage tank in front of her house. 22. PW15 Ratan Lal Yadav and PW17 Jugal Kishore, Councilors have also confirmed this aspect that victim Smt. Nandu Devi had come to them and had complained that accused persons were constructing unauthorized water-tank in front of the door of her house and she called both of them to make accused persons understand, who had been there and asked both the accused persons not to construct water-tank there. PW15 Ratan Lal Yadav councilor of Nagar Palika Kishangarh Ward No.19, has stated that he was councilor of Ward No.19, Smt. Nandu Devi, resident of Azad Nagar came to him and informed that Gopal Singh and Om Prakash were undertaking construction of safety-tank in front of her house and they can do so, shifting its place in deviation, since Nandu Devi was a resident of other Ward, so he called Jugal Kishore councilor of her Ward and both went to the spot near the house of Nandu Devi, Gopal Sngh was getting safety-tank constructed there, he tried to make Gopal Singh understand, who yielded but Gopal Singh threatend that he will kill Nandu Devi, another day he was informed via telephone that Gopal Singh and Om Prakash have burnt Nandu Devi by sprinkling petrol, he has also stated that being inimical on account of construction of storage-tank, petrol was poured and Nandu Devi was set ablazed to be assasinated and statements of Nandu Devi were recorded in the Hospital. 23. PW17 Jugal Kishore Garg, another councilor of Ward No.20, to which victim deceased was a resident, has stated that Nandu Devi was a resident of his Ward and was resident of 12 Quarter, Azad Nagar. On 25.11.2005 he was telephoned by councilor of Ward No.19 Ratan Lal Yadav who called him telephonically, so he alongwith Ratan Lal Yadav went to the spot near the house of Nandu Devi, where discord on issue of water- tank between Nandu Devi and Gopal Singh was subsisting, both he and Ratan Lal Yadav tried to make both accused persons to understand and asked them that it will create obstruction in the entry passage to the house of Nandu Devi, both Gopal Singh and Om were tried to be understood and asked them to construct the water-tank within there precinct not beyond its limitation and both returned back. On 27.11.2005 he was telephonically informed by Ratan Lal Yadav, that said Nandu Devi was got ablazed after pouring petrol, they both went there and seen burnt clothes of Nandu Devi. On 27.11.2005 he was telephonically informed by Ratan Lal Yadav, that said Nandu Devi was got ablazed after pouring petrol, they both went there and seen burnt clothes of Nandu Devi. Nandu Devi was being carried to Hospital, both of them went to Hospital where statements of Nandu Devi were being recorded by policeman, she informed that she was burnt by Gopal Singh, he has further stated that Nandu Devi was taken to Ajmer Jawahar Lal Nehru Hospital by them, he too has stated that the bone of contention was construction of water-storage tank, which is why Nandu Devi was burnt by petrol, in crossexamination he has also stated that he and Ratan Lal Yadav councilor reached to the place of occurrence together but neither victim was there nor both the accused persons were there and they did not witness the incident, he has further stated that he and Ratan Lal Yadav were standing outside and statements were being recorded inside the Ward, so cannot say as to what was informed by Smt. Nandu Devi. 24. PW9 Dr. K.K. Tanwani has stated that on 27.11.2005 he was Medical Officer in Government Yagyanarayan Hospital, Kishangarh, at about 05:30 PM Smt. Nandu Devi wife of Ramdev, aged 65 years, by caste Kumhar, resident of Azad Nagar, Madanganj, was admitted in Causality Ward and he had examined her injuries, on examination found that she was burnt by 75%, the burn injuries were fresh and were dangerous to life and has ratified Exhibit-P8 being in his handwriting and has also stated that 'A' to 'B' is his handwriting and 'C' to 'D' is his signature and Exhibit-P9 is the report pertaining to emanating foul smell of petrol out of her body, which contains his opinion from 'C' to 'D'. He has also delineated the details pertaining to injuries and has stated that she was having superficial to deep burns on face, neck, front of chest, back, front and back of shoulders, perineum, both buttocks, patchy areas of both lower limbs, blisters present at few places, pealing of skin at few places, erythema present. Perusal of Exhibit-P8. He has also delineated the details pertaining to injuries and has stated that she was having superficial to deep burns on face, neck, front of chest, back, front and back of shoulders, perineum, both buttocks, patchy areas of both lower limbs, blisters present at few places, pealing of skin at few places, erythema present. Perusal of Exhibit-P8. MLC also discloses that patient was conscious with BP 80 and was referred to Jawahar Lal Nehru Hospital for further management, this Exhibit has further been exhibited as Exhibit-P13 at the time of trial of co-accused Om Prakash, in cross-examination he has also stated that burn injuries resulted by extreme burn substance are called "dry heat" and condition of burnt individual remains normal after the incident, shock results too later. 25. PW11 Dr. P.C. Agarwal, another doctor has stated that on 27.11.2005 he was posted as Junior Surgery Specialist in Yagyanarayan Hospital, Kishangarh, at about half past five in evening Smt. Nandu wife of Ramdev, aged 65 years, resident of Azad Nagar, was admitted there vide outdoor slip Exhibit-P11 and copy of indoor admission ticket is Exhibit-P12, both Exhibits-P11 and P12 contains 'A' to 'B' his signatures, Smt. Nandu was admitted with burns, at the time of admission she was conscious and her skin was cool, having superficial and deep burn injuries on face, neck, chest and back of the body, both posterior and anterior parts of the body, stomach, genital and buttocks, her hairs were also burnt and total percentage of burn injures was 75%, she was immediately treated by him, afterwards Dr. Mukesh Joshi sent her to J.L.N Hospital, Ajmer at 6:10 PM under his advise, in crossexamination he has also stated that at the time of admission she was well conscious and the nature of those injuries could occur if liquid inflammable is poured on body, he has been categorical by saying that at that time she was speaking comfortably though burnt seriously, her burn injuries were 75%, she was treated by him emergently and later referred to J.L.N Hospital, Ajmer. 26. 26. PW10 Suresh, a Petrol Pump salesman, has stated that about one and a half years back he was employed with Suma Mineral Private Limited Petrol Pump, Ajmer Road, Madanganj, at 4:00 in the evening he was working at Petrol Pump and delivered petrol instilling a plastic bottle but did not ask reason for taking the petrol, in cross-examination he has stated that policeman had come to his Petrol Pump along with accused present in the court and his statements were recorded, which are Exhibit-P10, policeman did not force anything, so far as identity of accused is concerned, he has expressed his inability. 27. PW19 Dr. Smt. Kumkum Singh has stated that on 27.11.2005 she was posted as Associate Professor, Surgical in J.L.N Hospital, Ajmer, Smt. Nandu Devi wife of Ramdev was admitted in her Unit that day, her bed-head ticket's certified copy is Exhibit-P20, she was admitted with about 75% burn injuries and was admitted at about 7:00 PM, Exhibit-P20 contains sketches drawn by her, which contains signatures of a Resident, the sketches were drawn under her directions, Nandu was treated by her, she has further confirmed the treating prescriptions Exhibits-P21 to P31, she died on 5.12.2005, which contains signatures of Dr. Soni, who works under her. 28. PW8 Dr. Sumer Singh conducting autopsy on the body of deceased, has stated that on 5.12.2005 he was a Medical Jurist in J.L.N Hospital, Ajmer and had conducted autopsy on the body of Nandu Devi wife of Ramdev, aged 65 years, post-mortem report is Exhibit-7, which contains his signatures and 'C' to 'D' is his opinion, he has also stated that cause of death was Septicemia as a result of retro dry heat burn injuries. 29. Accused Gopal was arrested vide Exhibit-Pll before Khinv Singh and Gopal Sain on 28.4.2006 description of his body suggests that posterior part below his thigh and fingers of both the hands, palms and wrist of right hand were found having multiple white burn scars and this document has been corroborated by Khinv Singh PW18 since he has stated that on 28.4.2006 Gopal Singh was arrested before him, Exhibit-P11 contains his signatures, this document has further been verified by PW13 Teja Ram. 30. 30. PW13 subsequent Investigating Officer Teja Ram has stated that he was posted as Sub-Inspector at Madanganj Police Station, Bheru Singh presented parchabayan of Smt. Nandu Devi Exhibit-P5, which contains 'I' to 'J' his endorsement and 'G' to 'H' his sign and signatures of Bheru Singh are 'A' to 'B', chalk FIR is Exhibit-P6, which contains his signatures as well as signatures of Bheru Singh, he has further stated that on 28.4.2006 Gopal Singh was arrested vide Exhibit-P11, which contains his signatures as well as signatures of Constables Khinv Singh and Gopal Sain. He has further stated that during investigation accused gave information under Section 27 of the Evidence Act and on his information wearing clothes of accused Gopal, which were got burnt during the incident, were recovered on his information vide Exhibits-P12, P13 and P14, which contains signatures of Gopal at 'C' to 'D' and 'E' to 'F' and thumb impression of motbir Nathu is at 'Y', its spot-map is Exhibit-P15, which contains signatures of Om Prakash as well, he has also stated that opinion regarding burn injuries found on the body of accused Gopal Singh at the time of his arrest, were sought from Medical Jurist vide Exhibit-P16, which contains 'C' to 'D' opinion of doctor and signatures of Dr. Manmohan Sharma are from 'E' to 'F' and his signatures are from 'A' to 'B'. 31. Perusal of Exhibit-P16, which has further been exhibited as Exhibit-P29 at the time of trial of another co-accused Om, has got details pertaining to old burn scars found on the body of accused Gopal Singh and doctor has opined that his body was having (i) old scar 1x1 cm at back of right knee and a hypo pigmented patch distributing from back of both hands, palm was found and this opinion has been endorsed on Exhibit-P16 on 29.4.2006. 32. PW13 Teja Ram, Investigating Officer has corroborated different facets of investigation undertaken and rest part of the investigation, which has further been done by PW25 Dilip Sharma, SHO Police Station Madanganj, has been confirmed and ratified by Shri Dilip Sharma, nothing abnormal has emerged from testimony of Investigating Officer concerned. 33. 32. PW13 Teja Ram, Investigating Officer has corroborated different facets of investigation undertaken and rest part of the investigation, which has further been done by PW25 Dilip Sharma, SHO Police Station Madanganj, has been confirmed and ratified by Shri Dilip Sharma, nothing abnormal has emerged from testimony of Investigating Officer concerned. 33. Prosecution has established link evidence pertaining to seizure of wearing clothes, their deposits with Malkhana and sending the samples to FSL and serological examination and obtaining report thereto without severance of link, as such link evidence pertaining to recovery and their proof is established. PW14 Malkhana Incharge Dharam Pal Singh and PW26 Nathu have also confirmed that aspect. PW1 Sundaram and PW5 Sampat have confirmed Exhibit-Pl, the spot-map. PW2 Sanwar Lal, PW6 Prabhu, PW7 Vishnu and PW3 Mahaveer have corroborated Exhibit-P2 panchayatnama. 34. Scrutiny of entire evidence, thus shows that all the prosecution witnesses corroborates and establishes case of the prosecution beyond doubt. Dying declaration recorded by PW4 Bheru Singh as parchabyan Exhibit-P5, has been certified by attending Medical Expert Dr. Mukesh Joshi PW12, which has been corroborated by the evidence of ocular account as well. PW15 Ratan Lal Yadav and PW17 Jugal Kishore Garg, councilors of Kishangarh Nagar Palika, have also supported version of the prosecution, which fortifies dying declaration since both have said that deceased Nandu Devi came to them complaining that both the accused persons were digging and constructing an unauthorised water-tank ahead of her house, which was causing impediment and both have stated that they went to the spot and found both the accused persons were constructing water-tank in front of the house gate of deceased Nandu Devi and both the councilors asked and advised to accused Gopal and Om for constructing the water-tank bit away from the gate of deceased Nandu Devi, so as to there remains no obstruction, both the councilors have also stated that though Gopal yielded to their say but he gave an ultimatum to Nandu Devi by saying that he will kill Nandu Devi. A day after the incident deceased Nandu Devi was brutally assaulted with inflammable and after pouring petrol upon deceased, she was ignited, almost all the testimony divulges that a pre-planned, pre-meditated assassination attempt was made upon deceased Nandu Devi. A day after the incident deceased Nandu Devi was brutally assaulted with inflammable and after pouring petrol upon deceased, she was ignited, almost all the testimony divulges that a pre-planned, pre-meditated assassination attempt was made upon deceased Nandu Devi. Arrest memo of accused Gopal has got delineation that accused Gopal was having burn scars on his body, which were observed and examined by doctor on 29.04.2006 vide Exhibit-P16 (Exhibit-P29) by observing that those burn injuries were of six to eight weeks old in duration, this aspect also fortifies version of involvement of accused Gopal in the incident. Exhibit-P36 (Exhibit-P16) FSL in respect of wearing clothes of deceased and that of accused Gopal have been found with remnant fractions of inflammable petroleum hydrocarbon residue in the range of petrol were detected in the extract of the exhibits contained in each of the packet marked as 'A' and 'B' and 'A' relates to wearing clothes of deceased Nandu Devi, whereas 'B' relates to wearing clothes of accused Gopal. Autopsy report Exhibit-P7 (Exhibit-P9) dated 05.12.2005 has got mentioning of cause of death being Septicemia as a result of antemortum dry heat burn to the extent of about 70-75%. 35. Entire evidence of the prosecution corroborates and proves case of the prosecution and same establishes that prosecution has succeeded in proving its case in both the trials but their sequence and number as discussed have altered and witnesses have given their testimony in sync to their earlier version, as given at the time of trial of accused Gopal Singh, except PW20 Smt. Kani, who too has confined her statement that she witnessed Nandu Devi in a burning condition and went to her on her cry and tried to extinguish fire, being so, their testimony during the trial of co-accused Om is not being discussed distinctively, as such all the prosecution evidence innocuously corroborates and proves case of the prosecution and same establishes that prosecution has succeeded in proving its case. 36. Trial of co-accused Om has subsequently been conducted by a separate trial No.30/2012 since he was a fugitive and was apprehended subsequently, all the witnesses of prosecution have subsequently been examined and prosecution has produced PW2 as Sundaram, PW7 as Sanwarlal, PW9 as Mahaveer, PW24 as Bheru Singh, PW18 as Sampat Singh, PW21 Prabhu, PW11 as Vishnu Kumar, PW13 as Dr. Sumer Singh, PW16 as Dr. Sumer Singh, PW16 as Dr. (Smt.) Kumkum, PW14 as Suresh, PW12 as Dr. P.C. Agarwal, PW19 as Dr. Mukesh Kumar Joshi, PW25 as Teja Ram, PW23 as Dharam Pal Singh, PW5 as Ratan Lal Yadav, PW8 as Kailash, PW6 as Jugal Kishore Garg, PW15 as Khinv Singh, PW1 as Smt. Kani, PW10 as Om Prakash, PW3 as Prem Devi, PW22 as Ranjan Singh, PW20 as Dilip Sharma, PW4 as Ghisalal. In subsequent trial of accused Om, almost all important witnesses have separately been examined but their sequence and number as discussed, has stood altered and all the witnesses have given their testimony in sync to their earlier version as given at the trial of accused Gopal Singh in Sessions Case No.21/2006. So, their testimony is not being discussed separately. 37. Having examined the record and all the evidence, it emerges that prosecution has proved its case against both the accused persons beyond the contours of reasonable doubt, so we find no reason to take a different view from that of trial court. In the result, both the appeals are dismissed.