NARESH H. PATIL, J.:- This appeal is directed against the conviction and sentence awarded; against the appellant by the Addl. Sessions Judge, Jalna in Sessions Case No.l13 of 1995 by his judgment and order dated 2510-1999. The appellant was convicted for the offence punishable under Section 302 of I.P.C. and sentenced to suffer life imprisonment. 2. Briefly stated the prosecution case is that the appellant was mother-in-law of deceased Sumitra. Prior to three years of the incident of death of deceased, she was married to son of the appellant. The deceased used to visit intermittently her parental home on some occasions. She was complaining to her parents that the appellant was ill-treating and harassing her. The incident took place on 20th December, 1994. One Bhaguji Waghmare informed the father of deceased P.W.1 Shankar Sangule that they should come urgently to Jalna. P.W.1 Shankar reached Civil Hospital, Jalna where his daughter was admitted, as she had received burn injuries. On enquiry, the deceased disclosed to him that since morning the appellant was quarreling with her on account that she was not knowing cooking and household work. According to the deceased, the appellant abused her and stated that if she does not know work then she must die. It is alleged that the deceased, during the exchange of abuses, sprinkled kerosene on her person from a stove and soon thereafter, the appellant - mother-in-law of the deceased set her on fire by lighting a match stick. The deceased suffered 100% burn injuries. The alleged incident took place in the house of the appellant at about 12 to 12.30 p.m. 3. P.W.6 Dr. Anjana Thakar was the Medical Officer on duty who had informed about the incident to P.W.7 Bhagwat Patil through letter (Exho42). It is alleged that P.W.7 Bhagwat Patil reached the Hospital and recorded the statement of deceased vide Exh.52. The said statement was sent to Police Station Kadim, Jalna. P.W.7 thereafter, issued letter (Exh.38) to the Taluka Executive Magistrate to record dying declaration of the deceased. On receipt of such a requisition, the Naib Tahsildar recorded the statement of the decteased which is at Exh.39. Copy of the said dying declaration was sent to the Police by the Taluka Executive Magistrate. P.W.7 thereafter, issued letter (Exh.38) to the Taluka Executive Magistrate to record dying declaration of the deceased. On receipt of such a requisition, the Naib Tahsildar recorded the statement of the decteased which is at Exh.39. Copy of the said dying declaration was sent to the Police by the Taluka Executive Magistrate. The deceased died on the same day i.e. on 20th December, 1994 at about 11040 p.m. The Medical Officer who conducted post-mortem opined that deceased died due to cardio respiratory arrest due to 100% burns. The post-mortem report is at Exh.4 7. The report of the Chemical Analyser is at Exh.46 which states that kerosene was detected on Articles No.1, 2, 3 and 4, which include pillow cover, carpet, pieces of sari and empty tin. Police started investigation. Spot panchanama (Exh.27) and inquest panchanama (Exh.28) were drawn by the police. The Investigating Officer recorded statements of the witnesses and after completion of the investigation, filed chargesheet. Charge vide Exh.l8 was framed against the appellant and the acquitted accused. The charge was framed against the accused u/s.302 I.W. 34 of I.P.C. The accused pleaded not guilty and claimed to be tried. 4. The prosecution examined eight witnesses. We will now deal with the evidence of the prosecution witnesses. 5. P.W.1 Shankar Sangule is father of deceased Sumitra. He stated that his daughter was harassed and ill-treated by the appellant. She used to complain about ill-treatment whenever she visited the house of her parents. On enquiry, his daughter disclosed to him in the Hospital that appellant set her on fire by lighting a match-stick. 6. P.W.2 Saraswatibai Sangule is mother of deceased. She has supported the version of her husband. She has also stated that the appellant was ill-treating and harassing her daughter. On queriers, the daughter disclosed to her in the Hospital that she poured kerosene on her person but, the appellant had lighted a match-stick and set her on fire by throwing it on her person; 7. P.W.3 is Kamlakar Dewle, who was Naib Tahsildar at the relevant time. He stated that he had recorded statement of the deceased after receipt of requisition letter (Exh.38). He stated that the statement made by the deceased was recorded as per her narration. The original dying declaration which was under seal and kept in safe custody was produced by the witness in the Court. He stated that he had recorded statement of the deceased after receipt of requisition letter (Exh.38). He stated that the statement made by the deceased was recorded as per her narration. The original dying declaration which was under seal and kept in safe custody was produced by the witness in the Court. The sealed packet was opened in the Court. The witness stated in the cross-examination that on enquiry, the doctor opined that deceased was fit to make a statement but, no separate certificate was issued by the Medical Officer to the effect that patient was conscious and able to make a statement. When the statement of deceased was recorded, this witness, his clerk, Medical Officer and one lady who was attending the patient were present there. The deceased, according to the witness, had suffered 100% burn injuries. 8. P.W.4 is Shankar Bhure who had registered the Crime N.168/94 for offences punishable under Sections 307, 501 r/w 34 of I.P.C. on 20th December, 1994 at Kadim Jalna Police Station. 9. P.W.5 is Walrnik Awade, P.S.I. who filed charge-sheet after completion of investigation. P.W.6 is Dr. Anjana Thakar who had made endorsement on both the dying declarations to the effect that they were recorded in her presence. P.W.7 is Bhagwat Patil who had recorded dying declaration (Exh.S2). P.W.8 is Sherkhan Yousuf Ali Khan, A.P.I. who had drawn panchanamas like spot panchanama, inquest panchanama. 10. The learned Counsel Shri. Chaterjee appearing on behalf of the appellant submitted that the prosecution has failed to establish, by leading cogent and reliable evidence, its case against the appellant. The prosecution case is mainly based on the dying declarations and the oral dying declarations made by the deceased before her parents. While commenting upon the dying declarations recorded by the Police Head Constable Bhagwat Patil (P.W.7) and Naib Tahsildar Kamlakar Dewle (P.W.3), the learned Counsel for the appellant submitted that the dying declarations are not truthful and do not inspire confidence of Court. There are contradictions in both the dying declarations and they are at variance on major aspects like the prelude to the incident, the motive behind the alleged crime. The possibility of the deceased making two dying declarations when she had suffered 100% burn injuries was bleak. 11. There are contradictions in both the dying declarations and they are at variance on major aspects like the prelude to the incident, the motive behind the alleged crime. The possibility of the deceased making two dying declarations when she had suffered 100% burn injuries was bleak. 11. We have perused both the dying declaration at Exh.39 recorded by the P.W.3 Naib Tahsildar Kamlakar Dewle and Exh.52 recorded by the P.W.7 Head Constable Bhagwat Patil. The endorsement of the doctor on the dying declaration at Exh.39 is to the effect that it was recorded in her presence at 3.15 p.m. on 20-12-1994. The endorsement made on the second dying declaration (Exh.52) refers to the time as 14.30 Hrs. on 20-12-1994. Except the entry of the Police Constable, concerning the station diary number, time and date, there is no other specific time mentioned on the dying declaration either by the Medical Officer or by the Head Constable. Therefore, there is no clear evidence to suggest as to at what time these two dying declarations were recorded. In the dying declaration (Exh.39) the deceased stated that since morning quarrel between her mother-in-law and herself was going on. It was alleged that the deceased used to concentrate more on the matters of others. She used to threaten her of dire consequences to the extent that she would be killed. While these abuses were hurled and quarrel was going on, the deceased stated that, she poured kerosene on her person but, the appellant did not interfere. Instead, she lighted a match-stick and threw it on her person due to which the deceased got burn injuries. Nobody extinguished the fire, according to her. The deceased was not blessed with a child. She categorically stated that she had no trouble from her husband. She further stated that as she was not having good relations with mother-in-law, she tried to sprinkle kerosene on her person. Her work was not liked by her mother-in-law and there was suspicion lurking in the mind of mother-in-law about her. 12. In the second dying declaration, the deceased gives a different account of the relationship between herself and her mother-in-law. She stated that since morning, mother-in-law was harassing her on the count that she was not knowing the household work. The mother-in-law always used to trouble her for this reason. She used to abuse her. 12. In the second dying declaration, the deceased gives a different account of the relationship between herself and her mother-in-law. She stated that since morning, mother-in-law was harassing her on the count that she was not knowing the household work. The mother-in-law always used to trouble her for this reason. She used to abuse her. She stated that her husband and father-in-law did not abuse her. Her husband being a rickshaw driver, had gone out. It was stated that while deceased was doing household work, a quarrel took place between the deceased and the appellant. The deceased became angry and thereafter, she sprinkled kerosene from a stove on her person. The mother-in-law lighted a match-stick and threw it on her person, due to which she suffered burn injuries. She stated that her sister-in-law poured water on her person. 13. We noticed following features in the dying declarations among others: (1) The reasons stated by the deceased for the quarrel between herself and the mother-in-law, in both the dying declarations are found to be distinct; (2) Even, bare reading of both the dying declarations does not suggest that the mother-in-law had any intention to cause serious bodily harm to the deceased or to commit her murder; (3) Whatever allegations made by the deceased against her mother-in-law in both dying declarations seem to be matters of day to day wear and tear of the family life. 14. The deceased had stated in the first dying declaration (Exh.39) that as she was not pulling on well with the mother-in-law, she had poured kerosene on her person. In the second dying declaration (Exh.52) she stated that due to quarrel which took place between herself and mother-in-law, she became angry and sprinkled kerosene on her person. 15. On both the dying declarations, we do not find any endorsement of the doctor as to whether the deceased was conscious and in a fit state of mind to give statement. Instead, we find an endorsement to the effect that statement was recorded in her presence. 16. Even, if it is considered that both the dying declarations were made by the deceased while she was conscious and in a fit mental condition to make a statement, reading of the contents of both the dying declarations do not inspire confidence of the Court to fasten criminal liability on the appellant for committing murder. 16. Even, if it is considered that both the dying declarations were made by the deceased while she was conscious and in a fit mental condition to make a statement, reading of the contents of both the dying declarations do not inspire confidence of the Court to fasten criminal liability on the appellant for committing murder. We do not find any motive for the appellant to commit the crime. It is noticed that the mother-in-law and the daughter-in-law were not pulling on well. On the fateful day, they had some exchange of hot words and abuses, due to which the deceased became angry and admittedly, sprinkled kerosene on her person. The incident took place at 12 to 12.30 noon. Considering the evidence on record, looking to the condition of the patient, and absence of any endorsement of the Medical Officer on the dying declaration, it does not inspire confidence on the statement made by the deceased that the appellant must have lighted a match-stick and thrown it on her person, due to which she suffered burn injuries and succumbed to the same. 17. From the testimony of P.W.1 Shankar Sangule, father of the deceased and P.W.2 Saraswatibai Sangule, mother of the deceased, it has come on record that when the deceased was in the hospital, she stated that the mother-in-law lighted a match-stick and threw it on her person. The witnesses stated that their daughter was harassed by the appellant. 18. The evidence of P.W.6 Dr. Anjana Thakar shows that the deceased was in a position to make a statement when her dying declarations were recorded. The deceased had suffered 100% burn injuries. She stated that the Tahsildar did not obtain in writing, before recording the dying declaration (Exh.39), a certificate from the doctor. He had orally quarried with the Medical Officer about the condition of the patient. 19. The dying declaration must inspire confidence of the Court. The evidence of the dying declaration has to be weighed by the court as any other piece of evidence. It is true that the convictions can be based on dying declaration alone but, at the same time, the Court must be cautious in appreciating and placing reliance on the dying declaration. Certain tests have to be made applicable in the given situation to arrive at a conclusion as to whether a dying declaration is truthful and worthy of credence. It is true that the convictions can be based on dying declaration alone but, at the same time, the Court must be cautious in appreciating and placing reliance on the dying declaration. Certain tests have to be made applicable in the given situation to arrive at a conclusion as to whether a dying declaration is truthful and worthy of credence. If need arises, the Court can solicit corroboration for sustaining conviction on the basis of dying declaration. 20. The learned Counsel for the appellant placed reliance on a reported judgment of this Court in the case of Suresh s/o. Arjun Dodorkar (Sonar) Vs. State of Maharashtra (2005 ALL MR (Cri) 1599), in which this Court, based on the facts of the said case, observed: "Merely because the overt act attributed to the accused is consistent in both the dying declarations would not make the dying declarations a reliable piece of evidence. The dying declaration has to pass all the tests of reliability as the declarant is not available for cross-examination. In cases where there are multiple dying declarations and acceptance of one dying declaration falsifies the other, the dying declarations have to be necessarily rejected." 21. We do not find an endorsement of doctor regarding fitness of the declarant to make a statement on both the dying declarations. It is true that having an endorsement of Medical Officer on the dying declaration, concerning the state of mind of the declarant is a rule of caution but, in a given fact situation, it would be a requirement to assess the reliability of the dying declaration. The Medical Officer has stated in her testimony before the Court that both the dying declarations were recorded when the patient was in a condition to make a statement. But, there are no convincing reasons stated by the Medical Officer as to why endorsements concerning the health of the deceased are not made on the dying declarations itself. The deceased had admittedly, suffered 100% burn injuries. In such a situation, it was desirable if the Medical Officer had put such an endorsement on the dying declaration to keep the dying declaration out of shadow of Suspicion. 22. The factual background of the prosecution suggests that there were no such serious issues between the appellant and the deceased for which the appellant would set the deceased on fire. 22. The factual background of the prosecution suggests that there were no such serious issues between the appellant and the deceased for which the appellant would set the deceased on fire. From the prosecution evidence, it is ascertained that the appellant did not like the behaviour of the deceased and was not happy with her as the deceased was unable to do the household work to the satisfaction of the mother-in-law. The marriage of the deceased was three years old. She was permitted to visit her parental home whenever occasion arose. The deceased had stated in her dying declaration that she had no complaint against her husband and father-in-law. On the same available evidence, the trial Court had acquitted the co-accused namely, Sumanbai w/o. Dilip Tidke. Considering this aspect of the matter, we do not find it to be safe to place implicit reliance on the dying declarations for confirming the conviction and sentence passed against the appellant. From the available evidence, we find it more probable that the deceased might have died a suicidal death. 23. The reasoning adopted by the trial Court in placing reliance on the dying declarations for holding the appellant guilty, therefore, requires to be interfered with by this Court. As the dying declarations do not inspire confidence of the Court, we discard the alleged oral dying declarations made by the deceased to her parents, from our consideration. The appeal, therefore, succeeds. 24. For the reasons stated above, the Criminal Appeal No.421/1999 is allowed. The impugned judgment and order dated 25-10-1999 passed by the Addl. Sessions Judge, Jalna in Sessions Case No.113/1995 convicting and sentencing the appellant for offence punishable under Section 302 of I.P.C., is quashed and set aside. The appellant is acquitted of the offence with which she was charged and tried. The appellant is reported to be on bail. Her bail bonds stand cancelled.