Penal Code, 1860–Secs. 304-B, 498-A & 302 [Corresponding Secs. 80, 85 & 103 of BNS, 2023]–Evidence Act, 1872–Sec. 32–Acquittal from the offence–Three dying declarations–Initially, the deceased stated that the appellant poured kerosene upon her and set her ablaze by igniting a matchstick–Next day, she made the statement before the Magistrate that she had poured the kerosene on herself, and her husband lit the fire using the matchstick–In the third statement u/s. 161 Cr.P.C., she levelled allegations only with respect to the harassment meted out by the accused-appellant and his family relations to dowry demands–However, no reference to the act of pouring kerosene or to the actual intent leading to the fire–Significant time lapse between the alleged act and death of the deceased–Interested witnesses PW 1 & PW 2 were declared hostile–Statement of her mother was not found trustworthy–Held, acquittal was justified.
