JUDGMENT

Dr. Arijit Pasayat, J.—

Challenge in this appeal is to the judgment of Division Bench of Andhra Pradesh High Court directing acquittal of the respondent who faced trial for alleged commission of offences punishable under Section 302 of the Indian Penal Code, 1860 (in short IPC). The learned II Additional Sessions Judge, Kurnool had found the accused guilty and sentenced him to undergo imprisonemnt for life.

2. According to the prosecution version on 2/8/1999 the accused poured kerosene over his wife Pinjari Hussain Bee (hereinafer referred to as the deceased) and set her on fire. The prosecution version primarily restrained on two dying declarations purported to have been recorded by the Magistrate and by a police official. First dying declaration was recorded by the Magistrate on 2/8/1999 on 11.30 a.m. which is Ex. P. 15. Later on another dying declaration Ex. P. 20 was recorded by the Head Constable PW.12 after about one hour of the first dying declaration. The High Court noticed that there was variation between the two dying declarations about the manner in which the deceased was set on fire. In fact that the two dying declarations can be reconciled with each other and