(1) THESE two appeals by special leave are directed against the common judgment of the High court of A. P. dated 29/6/1992 and are being disposed of together.

(2) K. Rajamma died of burn injuries on 24/6/1988 at about 10 a.m. in M.G.M. Hospital. According to the prosecution case, appellant Kanchy Komuramma, the mother-in-law of the deceased and appellant Kanchy Ramchander, the father-in-law of the deceased, on 22/6/1988 at about 7 or 8 a.m. poured kerosene on her and set her ablaze in her house in Village Ellenda, Police Station Wardhanapet. The deceased was removed to the hospital by her mother Public Witness 1, Elata Agamma and her husband Public Witness 3 Kanchy Kumara Swamy and some others. At the hospital she was initially treated by the Casualty Medical Officer, Dr T. Linga Kurthy, Public Witness 8 who found 64% superficial burns on her body on various parts. After giving initial primary treatment, the deceased was referred to Duty Surgical Officer and was admitted in Unit III of the M.G.M. Hospital, Warrangal on 27/6/1988. An intimation, Ex. P-6 was sent to the Judicial Magistrate and it was requested that the dying declaration of the deceased may be recorded. At 12.45 noon, on 22/6/1988, dying declaration of the deceased. Ex. P-7 was recorded by Judicial Magistrate, First Class, Shri Pettam Ramaish, Public Witness 7 at the hospital. The deceased died on 24/6/1988, at 10 a.m. and the post-mortem on the dead body was conducted by Dr K. Mahipal Reddy, Public Witness 11 on 25/6/1988 at 1.30 p.m. Dr Reddy found 80% superficial burns on different parts of her body including face, neck, chest, upper part of abdomen and on the upper limbs, except palms, and the lower limbs. The cause of death, according to Dr Reddy, Public Witness 11 was due to shock as a result of the burn injuries.

(3) ACCORDING to the prosecution case, the deceased had married Kanchy Kumara Swamy, Public Witness 3 about two years back and the couple had a female child who was five months old at the time of the occurrence. About one year before the date of the incident, the deceased and her husband separated from the in- laws, the appellants herein. The deceased with her husband, Public Witness 3 started living in a newly constructed shed adjacent to the house of the appellants. The mother of the deceased, Public Witness 1 had come to visit her daughter and according to her, there was quarrel between the deceased and the appellants on the date of the occurrence and on noticing their quarrel, she went out to the neighbours house. It is further the prosecution case that the parents-in-law of the deceased used to generally beat and torture her and that they were particularly sore with the deceased on account of the separation of their son. It is alleged that on the date of occurrence at about 9 a.m., the appellants poured kerosene on the deceased in her shed and set her on fire. On hearing her cries her mother, Public Witness 1 and some other neighbours as also her husband, Public Witness 3 rushed to the scene. PWs 1 and 2 made efforts to extinguish the fire, whereafter the deceased was taken to M.G.M. Hospital, Warrangal by her mother and husband and some other persons,

(4) WITH a view to connect the appellants with the crime, the prosecution examined as many as 13 witnesses. The main reliance of the prosecution, however, is on the dying declaration, Ex. P-7 recorded by the Judicial Magistrate, 1st Class, Shri Pettam Ramaish, Public Witness 7. Both the trial court and the High court relied upon the dying declaration and convicted the appellants for an offence under S. 302/34 Indian Penal Code and sentenced each one of them to suffer imprisonment for life.

(5) IT is the common case of the parties before us that the dying declaration, Ex. P-7 is the only crucial piece of evidence connecting the appellants with the crime. Learned counsel for the appellants submitted that the dying declaration could not be relied upon as there i