Penal Code, 1860–Sec. 302–Acquittal–Appreciation of–Dying declaration–It was recorded by ASI–Endorsement of fit mental state was given by a nurse and not by a doctor–Further, he admitted in cross-examination that the brother of deceased was present and he tutored the deceased infront of him–In second dying declaration which was recorded by judicial Magistrate, it is not clear that which doctor gave the certificate of fit mental state–Child witness PW 8 was also found tutored witness–Other witnesses admitted that the deceased herself caused the fire injuries–Held, acquittal was justified.
