Penal Code, 1860–Sec. 302/34 & 341 [Corresponding Secs. 103/3(5) & 126(2) of BNS, 2023]–Evidence Act, 1872–Sec. 32–Conviction–Sustainability–Although the doctor stated that the deceased was in fit mental state but he admitted that in the case of a deceased with 80% burns, the shock may lead to delusion–There is a need for corroborative evidence in support of dying declaration–Testimonies of the prosecution witnesses do not establish any motive or intent on the part of accused-appellants–Deceased was intoxicated at the time of incident–All the accused sustained burn injuries–No explanation by the prosecution that if only two accused had caught hold the deceased, how all the accused had sustained burn injuries–Hostile and uncorroborated testimonies–Appellants are entitled to be acquitted from the offence.
