M.F. Saldanha, J.--An interesting facet of the law relating to an acceptability of dying declarations particularly when applied to wife burning cases has fallen for determination in this appeal.

2. The Respondent before us who was the original accused is the husband of Smt. Suvarna who is the unfortunate victim in the burning incident. On the afternoon of 11.6.1996, Smt. Suvarna was severely burnt as a result of her clothes having been set on fire and she was taken to a private hospital with 61% burns and having regard to the seriousness of her condition, she was thereafter shifted to the Government Hospital at Sangli. On the evening of the same day, the police recorded her statement in the form of a complaint which is Ex.P-9 and in this complaint, she has implicated the husband as being the person who poured kerosene on her clothes and set them on fire. According to her, she was sleeping after having had her afternoon meal and that she suddenly woke up because she found her clothes were wet and that she saw her husband light a match-stick and having lit her clothes. Later that night, a formal dying declaration has been recorded which is Ex. P-13. In this dying declaration,