(1.) THIS appeal by the State is directed against the judgment dated 3.5.1995 passed by the learned Sessions Judge, Kangra at Dharamshala in Sessions Trial No. 4 of 1995 whereby he acquitted the accused of having committed offences punishable under Sections 302 and 498A of the Indian Penal Code.
(2.) THE undisputed facts of the case are that the deceased Smt. Sushma Devi was married to Vinod Kumar, son of accused Lajjya Devi. The marriage took place in the year 1993. It is also not disputed that on 31.3.1994 sometime in the morning, Smt. Sushma Devi caught fire and received serious burn injuries. She was taken to the Civil Hospital, Palampur at about 11.00 a.m. where she died at about 12.30 a.m (mid night) on the night intervening 1st and 2nd April, 1994. According to the post mortem report, the deceased died due to shock which was the result of extensive burns.
(3.) BEFORE considering the dying declaration, it would be pertinent to cull out the law relating to dying declarations and how such dying declarations are to be appreciated.
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