( 1 ) LEAVE granted.

( 2 ) THIS appeal under Article 136 of the Constitution of India has been directed against an order dated 28/07/1994 passed by the High Court of Orissa in Criminal Revision No. 271 of 1993 quashing the order dated 15/04/1993 passed by the Sub Divisional Judicial Magistrate, Udala taking cognizance of an offence against the respondent herein for an alleged offence under Section 302 of the Indian Penal Code.

( 3 ) ACCORDING to the prosecution on 8/12/1992 at about 4. 00 A. M. deceased Santosh Kumar Nayak who was the brother-in-law of the respondent brother of his wife was admitted in the Sub-Divisional Hospital Udala with 50 per cent burn injuries on his body Dr. P. K. Sahu, Surgery Specialist of the said hospital attended the victim and found his condition to be serious. Dr. Sahu, therefore, at the first instance recorded his dying declaration on the bed-head ticket in which the victim is said to have mentioned that his brother-in-law Bansidhar Singh Respondent herein) had set fire by pouring kerosene oil on him. The patient, thereafter was referred to the headquarter hospital at Barioama and at the same time the doctor sent intimation to the Officer-in-charge o