D. M. DHARMADHIKARI, J.

( 1 ) THE two accused in this case have appealed to this Court against their conviction under Section 354 and 306 of the Indian Penal Code, sentencing them to one and three years rigorous imprisonment, respectively to run concurrently.

( 2 ) THE prosecution case is that Miss Asha aged about sixteen years committed suicide by setting herself afire. The prosecution relied on three dying declarations made by the deceased between 24-1-1985 and 25-1-1985. The alleged date of incident is 24-1-1985 at 10. 00 p. m. It has come in the evidence of prosecution witnesses that one young man Eknath was a conductor on a bus. He used to visit Ku. Asha frequently even at odd hours. The incident is said to have taken place in the house of the deceased when she was sleeping in a room with her young brother and father Ramchandra (P. W. 3), who was sleeping in the adjoining room. The alleged dying declaration, first in point of time, is Ex. P-5, recorded by Dr. B. M. Malviya (P. W. 1 ) who examined her soon after the incident with burn injuries. In her statement to the doctor, her version of the incident was that when she came out of the room at 10. 00 in the night for easing her

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