Penal Code, 1860–Secs. 302 & 498–A–Evidence Act, 1872–Sec. 32–Acquittal by High Court–Justification–100% burn injuries–Executive Magistrate who recorded the dying, deposed that no doctor was available at the relevant time–He was satisfied that the deceased was enough fit to make statements–No question was put by defence whether the thumb of deceased was brunt or not–Excet version of incident cannot be expected in the dying declaration, hence some discrepancies in both dying declarations have no relevance–Clear allegations in regard to throwing kerosene and setting fire–Held, High Court was not justified in reversing the findings of conviction.
