Evidence Act, 1872–Sec. 32–Penal Code, 1860–Sec. 302–Two written dying declarations were discarded, however, the evidence of two witnesses was relied on by which they deposed that the deceased has stated them how the incident took place–Case of 95% burn injuries–Witnesses deposed for the first time only when they entered the witness box during the trial–Both were interested witnesses and their evidence runs contrary to the evidence of PW 9 & PW 14–All the four dying declarations were given on same day–Serious doubt as regard to physical and mental condition of the deceased–The diametrically different version of the reasons that led to the alleged incident casts a shadow on the entire testimony of these witnesses–Appellant is entitled for getting the benefit of doubt.
