K.G. SHANKAR, J :--Circumstantial evidence and duality of dying declarations and their evidentiary value are under consideration in this appeal. It is a case of uxoricide. As usual in the case of a family rift and consequent criminal action on the part of the spouse, the alleged killing of the deceased-wife by the accused-husband took place inside the house. There were, therefore, no eye-witnesses for the incident proper.

2. The deceased-wife, who was admitted in the hospital, made a statement to a Police Head Constable (PW13) and later to a Judicial Magistrate of First Class (PW4). The prosecution in all examined 16 witnesses out of the 27 witnesses cited by it. Ex.P1 is the statement recorded by PW 13 from the deceased. EX.P4 is the dying declaration recorded by PW4. On the basis of Exs.P1 to P4 and the evidence of the witnesses, the learned V Additional Sessions Judge, East Godavari at Rajahmundry found the accused guilty for the solitary charge under Section 302 of the Indian Penal Code (for short 'IPC'). He was sentenced to imprisonment for life and also fine of Rs.1,000/-, in default of payment of which, to undergo simple imprisonment for a period of three months. Aggr