( 1 ) WE have heard the learned Additional State Public Prosecutor and the learned Counsel Sri Shivappa who represents the respondents-accused on merits. The allegation against the accused was that Al being the husband and A2 and A3 being the mother and senior uncle of Al that they had received a sum of Rs. 5,000/- at the time of the marriage of deceased, Mahadevi. On 1-6-1991, Mahadevi suffered serious burn injuries, she was taken to the K. R. Hospital, Mysore on 2-6-1991 and she died on 15-6-1991. On 3-6-1991 the police Head Constable is alleged to have recorded a dying declaration in which he has implicated the accused but that document suffers from a host of legal infirmities as a result of which the Trial Court itself rejected the same. In the absence of any cogent material the Trial Court recorded an order of acquittal in favour of the 3 accused. It is this order that is assailed through the present appeal. Though we appreciate the strenuous efforts put in by the learned Counsel who represents the State whereby he has endeavored to convince the Court that the dying declaration ought to be accepted we are unable to do so. The form and the manner in which the dying declaration

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