ORDER

1. The appellant was charged under Section 302 IPC for causing murder of Gangaben, her brothers wife, in the early hours of June 11, 1975 by pouring kerosene on her person and setting her aflame. The marriage had taken place with Jayantilal, the brother of the appellant, hardly three months before the incident in question. On the date of the incident the deceased was in the husbands house when the unfortunate incident took place. On hearing the cries a neighbour Prahladbhai went to the house and found that the deceased was inside the kitchen. He pushed opened the door and saw the deceased aflame. The said Prahladbhai, Bhanubhai, the brother of the appellant, and others took her to Shardaben Hospital for treatment. They reached the casualty department at about 6.45 a.m. and thereafter she was admitted to the Burns Ward as an indoor patient at about 6.50 a.m. Within five minutes thereafter PW 5 Dr Kiritkumar Solanki examined her. While taking her case history he enquired of the injured as to what had happened. The injured replied "my nanad (sister-in-law) burnt me". He prescribed certain medicines, noted the case history and thereafter instructed the nurse, PW 4 Pankajben, to gi