Penal Code, 1860–Secs. 302 & 307 [Corresponding Secs. 103 & 109 of B.N.S., 2023] Evidence Act, 1872–Sec. 32 [Corresponding Sec. 26 of BSA, 2023]–Acquittal–Multiple dying declarations–In the first dying declaration made immediately after the incident, the deceased clearly stated that she could not identify the assailant–In the statement u/s. 161, she expressed only a suspicion which was allegedly altered by the Investigating Officer–Third statement u/s. 164 was recorded after a substantial delay of two months naming the accused-respondents–It is inconsistent with the earlier version and in absence of corroboration, raises serious doubts about its credibility–The time lapse also opens the door to possible external influence–Significant time gap between the incident and the death raises a critical question regarding the casual nexus between the injuries allegedly inflicted by the accused-respondents and the actual cause of death–Her daughter PW 7 turned hostile during the trial–The Testimonies of other witnesses also suffer from significant improvements and contradictions–Trial Court rightly recorded the findings of acquittal.
