JUDGMENT

S.B.SINHA,J.

(1) The Officer In-charge of Harmirgarh Police Station received a telephonic message that one Smt. Lali wife of Parthu, appellant herein has received burn injuries and was lying in a serious condition. An entry to that effect was made in the Rojnamcha register whereafter Head Constable P.W.-6 Narayan Singh along with some other police personnel proceeded to the spot. They took her to Mahatama Gandhi Hospital at Bhilwara for treatment. The said Narayan Singh recorded her statement which was treated as dying declaration wherein she disclosed that she was burnt by her husband. On the basis of the said statement a First Information Reportfor an offence under Section 307 I.P.C. was recorded by P.W.9- Shankar Singh,SHO Police Station Hamirgarh. He took up the investigation in relation to the said incident. P.W.9-Shankar Singh also recorded the statement of the deceased on 8.6.1995.

(2)Lali died on 19.6.1995 whereafter Section 302 I.P.C. was added in the First Information Report.

(3)Before learned trial Judge eleven prosecution witnesses were examined. Some of the prosecution witnesses who were relatives of the deceased turned hostile.

(4)Respondent, howe