Penal Code, 1860–Sec. 306–Conviction–Sustainability–It is not the case of prosecution that the deceased and appellant were living as husband and wife–No evidence available on record to show that the alleged words were ultered by appellant or he ever quarrelled with deceased–Dying declaration was found without endorsement of fit mental state–Further, no explanation was sought as regard to dying declaration u/s. 313–It cannot be read against appellant–Conviction can not be sustained.
