JUDGMENT

Both the trial Court and the High Court have acquitted the respondents and hence this appeal by special leave. The prosecution case is that in the early hours of 4th July, 1976 around 4 a.m. the deceased was burnt to death by her husband and her mother-in-law. There is no direct evidence and the fate of the case depends on the three dying declarations made by the deceased while she was in the hospital. She died on 6th July, 1976 at about 12.45 p.m. The first dying declaration was recorded by a Head constable P.W. 16 wherein she implicated her mother-in-law alone. She did not implicate her husband at all. The second dying declaration was made to her father P.W. 8 wherein she implicated both her husband and her mother-in-law. The third dying declaration was recorded by the executive Magistrate P. W. 14 at about 9 p.m. wherein she implicated both her husband and mother-in-law. It is, therefore, clear that the second and the third dying declarations implicated both her husband and mother-in-law while the first dying declaration made to the Head Constable involved her mother-in-law only. It would, therefore, seem that after her father P.W. 8 met her she in the second dying decla