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2. We would accept the prosecution case that the deceased Raju had died an unnatural death as a result of burn injuries as is clear from the MLC, marked Exhibit PW-10/A, recorded at the Jai Prakash Narayan Hospital on 14th April, 1997 at 1.30 P.M. The post-mortem report by Dr A.P.Singh, dated 19th April, 1997, marked Exhibit PW-11/A, records that Raju had died four days after admission on 18th April, 1997 at 7.20 A.M. The cause of death was septicaemia consequent upon infected burn injuries. The injuries were ante-mortem in nature, and inflicted about 4 days back. Injury Nos. 1 & 2 were caused by a blunt object, and Injury No.3 was caused by burns due to fire. Scalp hair were duly sealed and sent for FSL examination to confirm presence of kerosene oil.

"I am residing at the address given above. I am a meat- seller at Azadpur Mandi. My marriage to Shobha d/o Ranjeet Singh two years back was organized by my brother Ram Kishan s/o Dhaniram. Shobha was previously married. On April 11, 1997, I and my wife had quarrelled as Shobha‟s brother, Raju would come to my house again and again. I packed my articles and left. Today, I had gone with my brother Pammi and our (employee) Chotu to my brother-in-law‟s house near the railway phatak, where Shobha was residing. Shobha and her brother asked me whether I had come to take Shobha. Shobha refused to return with me and had stated that I had died for her and she had died for me. I left the place and went outside, while my brother had stayed inside. When I was on the street outside, Sarvesh and Pappu came and met me. Pappu caught hold of me. Then, Sarvesh‟s brothers Vinod, Rajender and Raju caught me and threw kerosene oil on me and set me ablaze. I ran and screamed and my brother, Pammi, took me to the hospital. The kerosene oil was in a plastic bag. My wife has two children from her previous husband who are residing with her."

-4 and PW-8 that he had been burnt by the five, who had poured kerosene oil on him and alighted a match stick. Pammi (PW-8) threw water on Raju to extinguish the fire and had informed the police, who had taken Raju to the Irwin Hospital. In his cross- examination, Santu (PW-4) has accepted that Shobha and Raju would quarrel frequently, abuse each other and even had physical fights. PW-4 has accepted that Shobha would threaten and tell Raju that she would implicate him by consuming poison. On being questioned about the barber shop, PW-4 had stated that it was located about 100- 150 paces from the house of Sarvesh, while the railway crossing was 100-150 yards away. PW-4 professed that Pappu was carrying a polythene bag of ½ /2 kg capacity with Kerosene oil, but he had not seen any match box. Noticeably, Santu (PW-4) does not state and profess that he had seen Sarvesh and others throwing Kerosene oil on Raju and alighting him. His examination and affirmation is predicated on what was stated and told to him by Raju. As per PW- 4‟s version, he had not seen the actual occurrence. He implicates Sarvesh and four others by pre and post occurrence presence and conduct.

4. The hesitation and oscillation of PW-8 to name Sarvesh is apparent and perceptible. Initially, PW-8 had named only Rajender, husband of Shobha and one Rajesh, who was not charge-sheeted, but he had accepted that Raju had named others. Later, during cross- examination by the Public Prosecutor, PW-8 named all five, including Sarvesh, but then, almost in the same breath, stated that in his opinion Sarvesh was innocent.

9. Santu (PW-4) also does not state that he had seen deceased Raju being covered in kerosene oil or being set ablaze by the five perpetrators, including Sarvesh. He instead claims that he had seen Raju being surrounded by the five and, thereafter, saw Raju in flames. PW-4 had seen kerosene oil in a plastic bag being carried by Pappu (proclaimed offender).