Indian Penal Code, 1860
Section 302—Murder—Conviction based on dying declaration—Material placed on record would reveal that deceased was in a fit statement of mind at the time of making the statement and that it was not the result of tutoring, prompting or imagination—Dying declaration is cogent, trustworthy and reliable to base conviction on the same—Statement of victim would reveal that motive attributed by deceased is to first accused (brother-in-law of deceased)—Victim stated that she had a quarrel with her devar over partition of the house—Role of pouring kerosene on the victim and setting her ablaze is also attributed to first accused—Statement of victim only states that two other accused (wife of first accused and her brother) aided first accused—No specific role of how they assisted first accused could be found in the dying declaration—Though dying declaration can be the sole basis for conviction of first accused, in the absence of any specific role attributed to second and third accused, they are entitled to the benefit of doubt—Conviction of second and third accused is set aside and that of first accused is upheld.
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