Penal Code, 1860–Secs. 302 & 498-A–Evidence Act, 1872–Sec. 32–Conviction–Establishment–Allegation that the appellant caused the death of her wife by setting fire–PW 2, 3 & 4 turned hostile–It is also establish-ed that they were not the eye-witnesses of the incident–Signatures of brother of deceased were found on the dying declaration of deceased–It is not proved beyond the reasonable doubt–Deceased stated that the in-cident occurred in the kitchen whereas prosecution story and parcha bayan show that the incident occurred in the room–Deceased sustained 85% to 95% burn injuries–Her palms were not found burned–In case of setting fire by any other person, there should be the possibility of burning the palms–Finger prints over the box of oil were not established by the prosecution–Offence is not proved beyond the reasonable doubt–App-ellant is entitled to be acquitted.
