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13. PW-10 Sh. Saurabh Arora is the son of deceased. He deposed that his father Vijay Arora was running shop of spare parts at Shop No.147-148 Guru Nanak Market Khayala. Accused Krishna, Puran, Chaman and Raj Kumar had placed Matkas in front of the said shop. His father had made complaint in this regard with MCD. Officials of MCD got removed Matkas from in front of their shop. He further deposed that during the intervening night of 15/16.11.2012 accused Krishna, Puran, Chaman, Raj Kumar and Kanta had again placed Matkas in front of their said shops. On 16.11.2012, at about 8.00 am, when his father reached at the shop in order to open the shop and he asked the accused persons to remove the Matkas from in front of said shops. Accused Krishna and Puran caught hold of his father and accused Chaman and Kanta poured oil upon his father and accused Raj lit fire upon his father and shut down the shutter of the shop. His father as well as the shop caught fire due to above said reason. When he rushed towards the shop, the accused persons caught hold of him and restrained him to reach the shop in order to save his father. Accused Chaman also tried to pour oil upon him. The above said accused persons caused death of his father by committing the above said act. The accused persons had also quarreled with his father prior to the above said incident. He did not know who informed to the police. His statement Ex PW10/A was recorded by the police. He further deposed that he was wearing inner warmer of dark grey colour, nikker underwear and shirt also. He had put his shirt upon his father. Police seized and sealed his above said nikker and warmer vide seizure memo Ex PW9/D. Police had collected exhibits from the spot. He identified dead body of his father at the mortuary of DDU hospital vide his identification statement Ex PW10/B and after post martem, the dead body was handed over to them vide handing over memo Ex PW 10/C. He correctly identified all the five accused persons in the Court. He also correctly identified the case properties.

29. PW-24 is HC Anil who has proved the PCR form pertaining to a call received at 8.24 am on 16.11.2012 as Ex.PW24/A.

30. After conclusion of prosecution evidence, statement of all the accused persons under Section 313 Cr.P.C. were recorded wherein all of them have taken the plea of false implication in the present case. In support of their defence, accused persons have examined one witness.

31. DW-1 is Mohd. Salauddin Ansari. He has deposed that he was doing the job of giving religious teaching to the children of his locality and also do Imamat in the Masjid, at 830 Khyala ( Jama Masjid). His shop No.12 of religious book and the shop of accused Krishna is at shop NO.13, in Guru Nanak Market, Khyala. He usually opened his shop at 6-7 AM and closed after 8.00 PM. The incident took place on 16.11.2012 at about 8.15 A.M and at that time he was present at his shop. The deceased Vijay Arora was sitting in Shop No.16-17 Guru Nanak Market Khyala. The deceased when came in the morning to his shop and saw that accused Krishna displayed the Matkas at distance of 50 sq yards in the ground in front of shop. The deceased had parked his two cars in the open space in front of his shop and also punctured the tyre of one of the car so that the accused Krishna could not put Matkas in front of shops. The deceased used to drop his wife at her school as a daily routine. On that day ie 16.11.2010, he dropped his wife to her school and he returned to the shop. Deceased got angry as the Matkas were placed behind the car in the night of 15.11.2010. He made a call to his wife on mobile phone by saying on mobile " Today I will finish all the root cause of the quarrels, from today onwards you would not come there ( shops)" . After that the deceased Vijay Arora went to the shop No. 147-148. He opened the shutter of the said shop and went inside the shop and shut down the shutter. After five minutes from the said shop smoke started coming out. Accused Krishna was standing in front of her shop/house. Accused Krishna made a call at 100 number. PCR Van came at the spot. The PCR officials broke the Kundi of the shutter and thereafter opened the shop. The deceased was taken out from the shop and at that time, the deceased was sitting on a chair. The PCR official made a call from the deceased's mobile to his son. After half an hour the family of the deceased namely Saurab Arora, his daughter and his wife Anita Arora also came at the spot. The police officials gave instructions to accused Krishna to move from the spot because the situation was going to be worse. Thereafter, Krishna had gone from her shop/house. The elder son of Krishna namely Puran was not present at the spot as he has gone with his wife to his in laws. The younger Son Chaman had gone to Rajasthan on a motor cycle with his Nana. Accused Raj had gone to distribute Newspaper to the houses as he used to leave the house in the morning at about 6-7 PM. He further deposed that the cause of dispute between the deceased and his wife was that whatever money the deceased earned from his business, he gave the same to the accused Krishna as stated by deceased Vijay Arora during his lifetime to him. After the death of the deceased, the wife and son of the deceased had sold the shops bearing No.16,17 and 147-148 within one month of his death. The police officials took the photographs of the deceased's body and the place of occurrence. Thereafter, the dead body was removed by the PCR from the spot. No other proceeding was conducted by the police in his presence.

61. It is further argued that the motive which is the basic ingredient for committing any offence is clearly proved in the present case through the testimony of PW-18 ASI Jai Bhagwan. He has deposed that on 30.04.2012, he had received DD No. 17A regarding a quarrel and on enquiry, it was later revealed that Krishna and her sons had placed some articles on the way to obstruct the passage and on this quarrel had taken place in which Vijay (since deceased) was struck with some instrument (hammer type) in the face by her and her sons. DD No. 17A clearly proves the factum that accused persons were keeping a grudge against the deceased and on the fateful day, a quarrel had taken place over the issue of keeping matkas in front of his shop and on this, all the accused persons set the deceased on fire which resulted in his death.

94. Now, I shall proceed to appreciate and test the veracity of the testimony of PW-10 in the light of above cited judgments. PW-10 has deposed in his testimony that as a daily routine, he used to follow his father to his shop and on the fateful day also, he had followed his father to his shop. He has categorically deposed that on 16.11.2012, at about 8.00 am, when his father reached at the shop in order to open the shop and he asked the accused persons to remove the Matkas from in front of said shops, accused Krishna and Puran caught hold of his father and accused Chaman and Kanta poured oil upon his father and accused Raj lit fire upon his father and shut down the shutter of the shop. His father as well as the shop caught fire due to above said reason. When he rushed towards the shop, the accused persons caught hold of him and restrained him to reach the shop in order to save his father. Accused Chaman also tried to pour oil upon him."