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Volume No - 18 Issue No - 12
Undoubtedly, the focus of the first dying declaration is only upon the incident involving pouring of kerosene and setting the deceased on fire. The second dying declaration, Ex. P-26 alone elaborates acts of cruelty. That is the only piece of incriminating evidence against the accused. As far as the recovery of articles and the smell of kerosene in the report considered by the court are concerned, they are circumstances relating to the incident of setting the deceased on fire. They do not further the prosecution’s case under Section 498A as against the appellant. Having regard to the above circumstances, especially the fact that the only evidence against the appellant, i.e., Ex. P-26 was discredited by the High Court, there is no other material to sustain his conviction. For these reasons, the impugned judgment and the appellant’s conviction and sentence are hereby set aside. . The appeal is allowed but without any order as to costs.