ORDER

The Appellant was the husband of Rameshwari Devi, who was first given in marriage to the Appellant s elder brother - Ram Chander during their childhood. When Ram Chander died before attaining majority, Rameshwari Devi was married to his younger brother who is the Appellant before us. Regarding death of Rameshwari Devi by burns, the Appellant as well as his parents were prosecuted on the strength of the dying declaration made by her. The trial Court acquitted the parents of the Appellant, but convicted the Appellant under Section 302 of the Indian Penal Code (I.P.C.) and sentenced him to imprisonment for life. Though he filed an appeal before the High Court of Rajasthan a Division Bench confirmed the conviction and sentence and dismissed his appeal.

2. There is no dispute that Rameshwari Devi died of burn injuries. Kerosene was doused on her by about noon time on 27.2.1992 and she was set ablaze, but she died only on 10.3.1992.

3. On 27.2.1992 itself her statement was recorded by the Assistant Sub-Inspector of Police (PW-12) at 1.30 P.M. It is marked as Exhibit P-17. The FIR was prepared on its basis for the offence under Section 307 of the IPC. After her death the said statement