Penal Code, 1860–Secs. 302/34 & 498A–Evidence Act, 1872–Sec. 32–Cause of death was septicemia due to burn injuries–Three dying declarations–Initial allegations were made against father-in-law and co-sister–Husband of deceased was shown as a silent spectator and presence of accused A was not shown–Improvements in the second dying declaration which was recorded by the Investigation Officer in form of statements u/s. 161–In the statement made before the Magistrate, deceased stated that A and his wife caught hold her hands and only father-in-law poured the kerosene–Material inconsistencies in her statements–Factum of creation of separate accommodation for the deceased indicates that there was no serious motive for the in-laws to do away the deceased by inflicting such injuries–Trial Court committed error in placing reliance on the dying declaration made before the Magistrate without considering the overall circumstances surrounding the incident–Appellants are entitled to be acquitted.
