Judgment :- (Prayer: Appeal against the judgment and decree of the learned Principal Sessions Judge, Villupuram District in S.C.No.206 of 2001, dated 07.7.2002.) M. Karpagavinayagam, J. The appellant herein was convicted by the learned Principal Sessions Judge, Villupuram in S.C.No.206 of 2001 for the offence punishable under Section 302, IPC. For the said conviction, he was sentenced to undergo imprisonment for life and also to pay a fine of Rs.1000/- with a default sentence of six months rigorous imprisonment. Challenging the said conviction and sentence, the appellant has preferred the above appeal. 2. The brief facts leading to the conviction are as follows: - The deceased Rani is the second wife of the accused. The accused wanted some money to meet the marriage expenses of his daughter through the first wife. Therefore, he requested Rani, the deceased, to give some amount. But she refused to give money to him. On 29.6.2000 at about 2.00 p.m. the accused came to the house and requested Rani to pay Rs.10,000/- by disposing her house and bullock cart, so that the marriage expenses of his first wife wife's daughter could be met. This time also, Rani refused and abused the accused. He got infuriated and poured kerosene on her body and threw a lighted matchstick. The deceased after catching fire, came and caught hold of the accused and in that process, the accused also sustained injuries. Thereafter, the accused extricated himself from her grip and ran away from that place. The deceased came out of the house and cried aloud. The neighbours came and put out the fire and took her to the Government Hospital, Ulundurpet, where P.W.6, the Civil Assistant Surgeon admitted her at 4.00 p.m. and gave treatment to her. He sent an intimation to the police and a requisition, Ex.P.3 to the Magistrate to record the dying declaration. 3. On receipt of the intimation, P.W.10, the Head Constable of Ulundurpet Police Station came to the hospital and recorded the statement of the deceased, Ex.P.11, attested by the doctor, P.W.6. Thereafter, on receipt of the requisition, Ex.P.3, P.W.5, the learned Judicial Magistrate No.I, Ulundurpet, came to the hospital, and recorded the dying declaration of the deceased, which stands marked as Ex.P.4. P.W.6, the doctor issued Ex.P.6, Accident Register in respect of the injuries found on the deceased Rani. Thereafter, on receipt of the requisition, Ex.P.3, P.W.5, the learned Judicial Magistrate No.I, Ulundurpet, came to the hospital, and recorded the dying declaration of the deceased, which stands marked as Ex.P.4. P.W.6, the doctor issued Ex.P.6, Accident Register in respect of the injuries found on the deceased Rani. In the meantime, the accused was also admitted in the same hospital for treatment of the burn injuries found on his person. Ultimately, the doctor, P.W.6 found both of them in a serious condition and referred them to the Government Hospital, Cuddalore. Again, he issued requisitions to the doctor attached to the Government Hospital, Cuddalore and also to the Judicial Magistrate No.II, Cuddalore to record the statements. On receipt of the requisition, Ex.P.15, P.W.12, the Judicial Magistrate No.II, Cuddalore, came to the Government Hospital, Cuddalore and recorded the dying declaration of the deceased between 11.20 p.m. and 11.40 p.m. Ex.P.16 is the said dying declaration recorded by the Magistrate. P.W.12 further recorded the statement, Ex.P.17 from the accused, who was also taking treatment in the same hospital for the burn injuries found on his person. Initially a case was registered under Section 307, IPC. Next day on 30.6.2000, P.W.14, the Inspector of Police, Ulundurpet, came to the hospital and recorded the statement, Ex.P.21, from the deceased. On 04.7.2000, the deceased died. On receipt of the death intimation, P.W.14, altered the crime to one under section 302, IPC. He conducted inquest over the body of the deceased. Ex.P.23 is the Inquest Report. During the inquest, he questioned the witnesses and recorded their statements. After the inquest was over, he sent the body together with a requisition, Ex.P.9 to the doctor to conduct autopsy. On receipt of the requisition, Ex.P.9, P.W.7, the Civil Assistant Surgeon attached to the Government District Headquarters Hospital, Cuddalore conducted autopsy on the body of the deceased on 05.7.2000 at 1.15 p.m. and found burn injuries. She issued Ex.P.10, the post-mortem certificate with her opinion that the deceased would appear to have died of burns with septicemia and shock and death would have occurred about 14 to 15 hours prior to post-mortem. The material objects were sent for chemical examination. On 24.7.2000 at 1.00 p.m., he arrested the accused and remanded him to judicial custody. He questioned the accused and recorded his statement. The material objects were sent for chemical examination. On 24.7.2000 at 1.00 p.m., he arrested the accused and remanded him to judicial custody. He questioned the accused and recorded his statement. The further investigation was handed over to his successor-in-office at Ulundurpet Police Station, since P.W.14 has been transferred to Thirunavalur Police Station. P.W.15, the Inspector of Police, Ulundurpet Police Station, took up the further investigation in the crime, and on verifying with the investigation conducted by his predecessor-in-office, he filed a chargesheet against the accused on 15.6.2000 under section 302, IPC. 4. During the course of trial, P.Ws.1 to 15 were examined, Exs.P.1 to P.23 were filed and M.Os.1 to 3 were marked. 5. The accused when questioned under Section 313, Cr.P.C. with reference to the incriminating materials appearing against him, denied his complicity in the crime. Having analysed the materials placed before the trial Court, it was concluded that the prosecution has established the case beyond any reasonable doubt. Consequently, the accused was convicted for the offence punishable under section 302, IPC. Hence, this appeal. 6. We have heard Ms. Beula Rajakumari, learned counsel appearing for the appellant and Mr. E. Raja, learned Additional Public Prosecutor appearing for the respondent. 7. According to the prosecution, the accused demanded some money from the deceased who is his second wife, to meet the marriage expenses of his daughter through his first wife and when the deceased refused to give him money, the accused poured kerosene and set her ablaze. Admittedly, there are no eye-witnesses. The only material available is the dying declaration. On 29.6.2000 at 5.00 p.m. P.W.10, the Head Constable recorded the statement of the deceased, Ex.P.11. At 5.45 p.m. P.W.5, the learned Judicial Magistrate No.I, Ulundurpet recorded the dying declaration of the deceased, Ex.P.4. On the same day, at 10.50 p.m. P.W.12, the Judicial Magistrate No.II, Cuddalore, came to the Government Hospital, Cuddalore and recorded the dying declaration, Ex.P.16 at 11.20 p.m. It is mainly contended that these three dying declarations would indicate that there is no consistency with reference to the incident that took place inside the house of the deceased. When we look at the documents, viz., the dying declarations recorded by the police as well as by the learned Magistrates, we feel that there are vital variations, which would make these dying declarations unreliable. 8. When we look at the documents, viz., the dying declarations recorded by the police as well as by the learned Magistrates, we feel that there are vital variations, which would make these dying declarations unreliable. 8. The earliest document in this case is the Accident Register, Ex.P.6 issued by P.W.6, the Medical Officer at Ulundurpet Government Hospital, which was recorded at 4.00 p.m. on 29.6.2000. In Ex.P.6, it is stated that the accused and four other known persons came to the house of the deceased on 29.6.2000 at 3.30 p.m and set her ablaze inside her house. 9. As per Ex.P.11, the complaint registered by P.W.10 at 5.00 p.m., the accused came, poured kerosene and set fire to the body of the deceased by throwing a lighted matchstick and ran away. 10. As per Ex.P.4, the next document recorded by P.W.5 at 5.45 p.m., the Judicial Magistrate No.I, Ulundurpet, the accused came and after setting fire to the body of the deceased locked the house from inside and set fire to the deceased and thereafter ran away from the scene. 11. The next document is Ex.P.16, which is a dying declaration recorded by P.W.12, the Judicial Magistrate No.II, Cuddalore at 11.20 p.m. on the same day. As per Ex.P.16, five persons came and demanded money and when she refused, they poured kerosene over her and set fire on her. Thus it is clear that there is no consistency in these dying declarations and there is an improvement stage by stage. Further, it is seen that the accused also sustained injuries, for which, treatment was given both at Ulundurpet Hospital and Cuddalore Hospital. P.W.12, the Judicial Magistrate No.II, Cuddalore, recorded the dying declaration from the accused also, which has been marked as Ex.P.17. On going through Ex.P.17, it is noticed that the accused told P.W.12 that the accused requested the deceased to give some money to him in order to arrange for a marriage of his daughter through his first wife and that she began to abuse her husband and thereafter poured kerosene over herself and tried to commit suicide and when he prevented her attempt, he also sustained injuries. The statement of the accused which has been given to the Magistrate, P.W.12 even on the very same day, i.e. 29.6.2000, would be more probable than the case of the prosecution as projected through the various dying declarations. The statement of the accused which has been given to the Magistrate, P.W.12 even on the very same day, i.e. 29.6.2000, would be more probable than the case of the prosecution as projected through the various dying declarations. As indicated above, the dying declarations given by the deceased to various authorities, i.e. Ex.P.6 recorded at 4.00 p.m. by P.W.6, the Civil Assistant Surgeon, Ulundurpet Government Hospital; Ex.P.11 recorded at 5.00 p.m. by P.W.10, the Head Constable, Ulundurpet Police Station; Ex.P.4 recorded at 5.45 p.m. by P.W.5, the learned Judicial Magistrate No.I, Ulundurpet, at 5.45 p.m. and Ex.P.16, dying declaration recorded at 11.20 p.m. by P.W.12, the learned Judicial Magistrate No.II, Cuddalore, would give varied versions with reference to the occurrence. Therefore, we are unable to place any reliance upon the dying declarations. Consequently, the accused is given the benefit of doubt. 12. We, therefore, set aside the conviction and the consequent sentence imposed upon the accused. The appeal is allowed. The accused is acquitted of all the charges. The bail bonds executed by the appellant shall stand cancelled. The fine amount, if any, paid shall be refunded.