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 21