around 12.30 at night my brother Irfan locked the door from outside and set fire in the room with some inflammable substance. As the room was on fire, we raised alarm. We all seriously got burnt and after a long time neighbours took us out of the room and they got us admitted at the Pooja Hospital, Nazivabad. After first aid they got admitted us at Dr. R.M.L. Hospital New Delhi and my treatment is continuing here. Heard the statement, it is correct.” 36. The deceased Islamuddin, in his dying declaration recorded on 07.08.2014, stated thus: “Statement of Islamuddin, s/o-Irfan, r/o- MohallaMuglushah, P.S. Nazivabad, Distrinct-Bijnor, U.P., age16 years. Stated that I am residing at the place mentioned above. I am running a mobile phone shop at Nazivabad. I was sleeping with my uncle Irshad and Naushad in the house. We were sleeping in the same room. Then at around 12.30 at night my father Irfan locked the door from outside and set fire in the room with some inflammable substance. After the room was on fire, we raised alarm. We all seriously got burnt and after a long time neighbours took us out of the room and they got us admitted at the Pooja Hospital, Nazivabad. After first aid they got admitted us at Dr. R.M.L. Hospital New Delhi and my treatment is continuing here. Heard the statement, it is correct. ” ANALYSIS 37. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that falls for our consideration is whether the prosecution could be said to have proved its case against the appellant-convict beyond reasonable doubt. 18