Penal Code, 1860–Secs. 302 & 376 [Corresponding Sec. 103 & 64 of BNS, 2023]–Conviction–Sustainability–Death due to fire injuries–Deceased was living with the appellant–Dying declaration of the deceased was not recorded at any stage nor she was in mental and medical condition to tender same–FIR was lodged after her demise and not soon after the occurrence–Such delay casts a serious doubt on the spontaneity and credibility of the prosecution story–No corroborative oral evidence–Family of the deceased was unhappy with the relationship between the appellant and the deceased–Appellant himself took the deceased to hospital–Chain of the circumstances is not complete–Held, appellant is entitled to be acquitted.
