Evidence Act, 1872–Sec. 32 [Corresponding Sec. 26 of BSA, 2023]–Penal Code, 1860–Secs. 302–Acquittal from the offence–Appreciation of–Two dying declarations-one, the parcha bayan and other, the Ex.P7–Deceased herself stated in both dying declarations that she was all alone in the house when she put herself on fire–This is sufficient piece of evidence which has demolished complete foundation of the case of the prosecution–It is also interesting that if the respondent caused fire on the deceased then why he would take steps for defusing the fire and without wasting any time would immediately take her to the hospital in order to save her–PW 5 & PW 7 are not the eye witnesses–Held, acquittal was justified.
