Penal Code, 1860–Secs. 302, 147 & 302/149–Evidence Act, 1872–Sec. 32–Acquittal from the offence–Observation of Trial Court that nothing is available on the record to show that the certificate of fit mental state was recorded before recording the dying declaration of the deceased–Prosecution failed to produce the witnesses who were alleged in the dying declaration to be present at the time of incident–Doctor stated that the deceased asked that she sustained the injuries due to blast of the stove–Stove was found at the place of the incident–Parents of deceased were present at the time of recording the dying declaration–Nothing is available to show the involvement of respondent-accused–Held, acquittal was justified.
