Penal Code, 1860–Secs. 302 & 498A–Conviction–Appreciation of–As per the testimony of witnesses, appellant assaulted the deceased-wife under the influence of alcohol–He even struck a blow on her chest and pushed her–When the assault of the appellant became unbearable, the deceased took the cane of kerosene from the kitchen and poured it on her body whereupon her husband lighted a matchstick and burnt her–Magistrate proved the correctness of dying declaration–Dying declaration was found corroborated by the testimony of prosecution witnesses and even from the defence witness–Neighbours who took her hospital, also supported the case of prosecution–Held, conviction was justified.
