Penal Code, 1860–Secs. 302, 323 & 325–Conviction–Sustainability–
Deceased was wife of appellant–Marriage was solemnised before 20 years–No allegation in dying declaration that the accused ever harassed or humiliated her on account of demand of dowry–Statement of witness that the appellant demanded Rs. 40,000/- from her after consuming the liquor is not believable–Prosecution tried to discredit the first version of deceased recorded in Rojnamcha report–Material witnesses gave divergent and contradictory version–Delay in lodging FIR assumes significance–Appellant also sustained 25% to 30% burn injuries–Dying declaration of deceased was the effect of
tutoring–Testimony of child witness is also found the effect of tutoring by maternal grand parents–After he testified against the accused, he was kicked out by the complainant from the maternal home–Held, trial Court committed error in appreciating the evidence–Appellant is entitled to be acquitted.
