Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Evidence Act, 1872–Sec. 32–Conviction–Sustainability–Death by burning–Trial Court relied upon the evidence of PW 1 & PW 2 and dying declaration–Deceased has made two dying declarations before her statment dated 18.09.2008 which are totally different–In the statement made before the doctor and constable, she said that the incident occurred accidently–In the statement dated 18.09.2008, she blamed the appellant for the incident–No other corroborative evidence in support of this statement regarding her previous statements–Further, she did not disclose any reason for the incident in this statement–Dying declaration is unsafe to convict the accused–Neither there is any evidence as regard to seeing any empty kerosene cane nor any medical evidence as regard to smell of kerosene on the body of deceased–Ralations between the families had soured before two years of incident–Appellant is entitled to be acquitted.
