clearly stated that after a long time a neighbour came to their rescue and
took them out of the burning room.
40.
Keeping the aforesaid in mind, if we look into the oral evidence of
the PW-2 Shanu alias Shahnawaz then according to him, he along with his
sister Soni (PW-4) noticed fire in the room in which the deceased persons
were sleeping. According to the PW-4, she also witnessed the appellantconvict pouring kerosene and setting the room on fire in which, the
deceased persons were sleeping. PW-2 also claims to have witnessed, the
appellant-convict fastening the door latch from outside and thereafter,
running away from that place. In the same manner, if we closely look into
the oral evidence of the PW-4 Soni, then according to her on seeing the
flames of fire in the room, in which the deceased persons were sleeping,
she immediately opened the door and saw that the appellant-convict was
running from the roof towards the stairs. The PW-4 claims that Amzad and
Shafiq also saw the appellant-convict running away. Amzad and Shafiq
have not been examined as the prosecution witnesses. It is not clear whether
police even recorded the statements of Amzad and Shafiq under Section
161 of the CrPC?
41.
If PW-2 and PW-4 were present at the time when the room was on
fire and it is they who opened the door and took out the three deceased
persons, then why the PW-2 and PW-4 do not figure in the dying
declarations of Irshad and Islamuddin? Why Islamuddin and Irshad said in
their dying declarations that after a long time, the neighbour came to their
rescue and took them out of the room? If a neighbour came to their rescue,
then where were PW-2 and PW-4 at the time of the incident? PW-2 and
PW-4 have deposed that they both were sleeping in the room adjacent to
the room in which the deceased persons were sleeping. This is one very
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