JUDGMENT

Sunil Kumar Sinha. J. — Being aggrieved with judgment of acquittal dated 15th of May, 1989 passed in Sessions Trial No.122/86 by the Third Additional Sessions Judge, Raipur, the State has preferred this appeal.

2. By the impugned judgment, the respondents have been acquitted of the charges framed under Sections 498A & 306 IPC.

3. Respondent No.5 Smt. Ansuya Bai and respondent No.7 Smt. Fekan Bai died during the pendency of the appeal. Therefore, their names have been deleted from the cause-title of the appeal and the appeal filed on behalf of respondents 5 & 7 has been dismissed as abated.

4. The facts, briefly stated, are as under:

Respondents 1 to 3 are real brothers. Respondent No.4 is their sister and respondent No.5 was their mother-Respondent No.6 Bhola Prasad is the maternal uncle of respondents 1 to 4. Deceased—Bharti was married to respondent No.1 on 7.5.1982. On 10.6.85, she sustained 45% third-degree burn injuries. She was immediately admitted to the hospital. She died in the hospital on 16.6,85. In the meanwhile her dying declaration (Ex.P13) was recorded by Executive Magistrate M.K. Gupta (PW14). She made declaration that she wanted to kill herself, therefore,