Judgment A.N.Jindal, J. 1. Satya Wanti (mother-in-law), Rachna Devi (sister-in-law) and Sukhdev Raj (husband), all the respondents were tried in case FIR No. 22 dated 14.3.1994 under Section 302/498-A/304-B/34 IPC Police Station City, Batala for burning Anju Bala to death on account of demand of dowry. The accused- respondents (hereinafter referred to as `the respondents) were tried for the aforesaid offenes and were acquitted vide judgment dated 28.1.1998 passed by the learned Additional Sessions Judge, Gurdaspur. 2. It is another example where a weaker sex had to suffer on account of the atrocities meted by her at the hands of her in-laws and had to face death- knell for not meeting their demands. Equally is the apathy that the blood of her own sister Babb, (a next door neighbour, who was the first to take her to the hospital) became white, she resiled and did not support her cause (deceased) during the cross-examination, obviously for the material gains and had no courtesy with the departed soul as she being no more in this world could ever come to accuse her for her fault. However, much has been left for the court to re-appreciate for determining the legality of the judgment. 3. The factual matrix of the case is that Anju Bala had two brothers and four sisters, and she was the youngest. She was married to the accused Sukhdev Raj about 1-1/2 years prior to her death. She died other than in normal circumstances at the house of the accused within 7 years of her marriage. The occurrence took place at 7.00 PM on 14.3.1994 and as per allegations she was burnt to death by the accused. She was taken to the Civil Hospital, Batala by Babb w/o Balwinder Kumar who had come immediately after the occurrence. On receipt of the information from the doctor Civil Hospital, Batala, SI Balbir Singh (PW9) reached the hospital and after obtaining the opinion Ex.PE/1 on the application Ex.PE, recorded statement of Anju Bala Ex.PF (later on converted into dying declaration) which reads as under :- "We are two brothers and five sisters. I am youngest among them. I was married with Sukhdev Raj son of Om Parkash, resident of village Dhaki Mohalla, Batala, about 1-1/2 years back. At the time of marriage my parents gave sufficient dowry. I am youngest from my brothers and sisters. My parents used to fulfill my every demand. I am youngest among them. I was married with Sukhdev Raj son of Om Parkash, resident of village Dhaki Mohalla, Batala, about 1-1/2 years back. At the time of marriage my parents gave sufficient dowry. I am youngest from my brothers and sisters. My parents used to fulfill my every demand. But my husband used to beat me. They used to say me for bringing more dowry. On 12.3.1994 my parents sent entire furniture, articles, Godrej Almirah and utensils to my house, but even then my husband was not satisfied and started demanding more dowry. My mother-in-law Satya Devi and husband used to beat me badly and say that they will not adjust me in the family as I had brought less dowry. The house of my aunt Darshna wife of Krishan Lal also adjoins our house. Today in the morning my husband again slapped me and my aunt Darshna witnessed the entire occurrence. Then my mother-in-law gave me beating. My sister-in-law (Nanad) Rachna Devi wife of Ashok Kumar resident of village Marrar also used to beat and taunt me for bringing less dowry. Today, I was on fast of Monday. My mother-in-law told me for preparing and bringing tea for her to which I replied that I was on fast and I could not use salt. At this she replied that I could bring sugar from my father. Today at about 7.00 PM, milk container placed on herth was boiling which overflowed, then my mother-in-law gave me filthy abuses and poured kerosene on my clothes and set me ablaze by igniting a match-stick. My clothes caught fire and my entire body, face, arms and abdomen were burnt. I raised hue and cry, then my elder sister Babb wife of Balwinder Kumar who resides in my neighbourhood came on the spot and removed me to Civil Hospital, Batala. My mother-in-law has set me ablaze at the instance of my husband and sister-in- law because they used to say me "I have brought insufficient dowry". They were harassing me very much. Action be taken against them. Attested Sd/- Balbir Singh SI, P.S. City, Batala Sd/- Anju Bala in English" 4. SI Balbir Singh after completing the statement at 8.20 PM sent ruqa Ex.PF to the police station, on the basis of which, FIR was recorded under Section 307/498-A IPC at Police Station City, Batala at 8.55 PM. Action be taken against them. Attested Sd/- Balbir Singh SI, P.S. City, Batala Sd/- Anju Bala in English" 4. SI Balbir Singh after completing the statement at 8.20 PM sent ruqa Ex.PF to the police station, on the basis of which, FIR was recorded under Section 307/498-A IPC at Police Station City, Batala at 8.55 PM. Ultimately, Anju Bala succumbed to the injuries on 4.4.1994. The completion of the investigation, was followed by the charged report. 5. The trial court after examining the facts and circumstances of the case charged Satya Wanti under Section 302 IPC and accused Sukhdev Raj and Rachna Devi under Sections 302/34 IPC. In the alternative all the three were charged under Sections 304-B/498-A IPC. The respondents denied the charges and opted to contest the case. 6. In order to substantiate the charge, the prosecution examined Dr. Harbhajan Singh (PW1), Dr. Gurpal Singh (PW2), Satish Chander Draftsman (PW3), Constable Balbir Singh (PW4), Constable Kulwant Singh (PW5), Constable Ranjit Singh (PW6), Smt. Babb (PW7), Darshna Devi (PW8) and SI Balbir Singh (PW9). 7. When examined under Section 313 Cr.P.C. the respondents denied all the incriminating circumstances appearing against them and pleaded their false implication in the case. They further took the plea that Sukhdev Raj was not present in the house on the day of alleged occurrence. Rachna Devi was married and was residing in her in-laws house. Anju Bala was boiling the milk for the child on account of which the stove burst resultantly she accidentally caught fire. 8. In defence, Rachna Devi examined Kulwant Singh (DW1) member Panchayat of village Marrar in order to establish that she was married 10-12 years back in the said village and she had been residing there since then. 9. Ultimately the trial ended in acquittal. Hence, this appeal by the State of Punjab. Arguments heard. Record perused. The trial court while recording order of acquittal placed reliance on the following points : 1. Dying declaration being not before a Magistrate and without certification of the doctor is not worth reliance. 2. Even after recording statement of Anju Bala deceased by SI Balbir Singh, no efforts were made by him to get it examined from a Magistrate. 3. Her aunt Darshna Devi and sister Babb have not supported the prosecution, therefore, no conviction could be based on the basis of the dying declaration alone. 10. 2. Even after recording statement of Anju Bala deceased by SI Balbir Singh, no efforts were made by him to get it examined from a Magistrate. 3. Her aunt Darshna Devi and sister Babb have not supported the prosecution, therefore, no conviction could be based on the basis of the dying declaration alone. 10. At the very outset, while assailing the impugned judgment, Ms. Gurveen H. Singh, learned Additional Advocate General, Punjab has vehemently urged that the dying declaration was recorded by SI Balbir Singh without wasting any time which could be anticipated as a reason for concoction of the version. Prompt recording of FIR removes the stigma of falsehood. The occurrence took place on 14.3.1994 at about 7.00 PM; the police reached the hospital within half an hour; the statement of Anju Bala Ex.PF was completed at 8.20 PM; the FIR was recorded at 8.55 PM on the same day; and it also reached the Illaqa Magistrate on the same day at about 10.00 PM. Thus, question of concoction, exaggeration, embellishments and false implication of the respondents does not arise. She next contended that since the deceased suffered 60% burns, therefore, her condition could not be said to be unsuitable for recording her statement. At the time of recording her statement SI Balbir Singh never knew that the said statement was likely to take the shape of dying declaration, therefore, the statement of injured recorded under Section 154 Cr.P.C. in routine could well be treated as dying declaration. Due precautions were taken by Balbir Singh SI before statement Ex.PF was recorded by him. Certification from the doctor regarding fitness of the injured to make the statement was sought from the doctor. The doctor while stepping into the witness box has also stuck to his guns while saying that she was fit to make the statement and it was recorded in his presence, therefore, the conviction could be recorded on the basis of the dying declaration without any further corroboration. She has further urged that though Darshna Devi and Babb have not supported the prosecution case during the cross-examination, yet they have admitted and are consistent on material points. 11. On the other hand, Mr. R.N. Moudgil, learned counsel for the respondents amongst his other contentions urged that the statement recorded by the Investigating Officer under Section 164 Cr.P.C. could not be treated as dying declaration. 11. On the other hand, Mr. R.N. Moudgil, learned counsel for the respondents amongst his other contentions urged that the statement recorded by the Investigating Officer under Section 164 Cr.P.C. could not be treated as dying declaration. The said dying declaration is not supported by any other evidence. Her own sister and aunt have not supported the prosecution case, therefore, the acquittal recorded by the trial court does not suffer from any such illegality or serious legal infirmity rendering miscarriage of justice. Consequently, he prayed for dismissal of the appeal. 12. Before we lay our hands to appreciate and evaluate the other evidence including the dying declaration, some essential facts and circumstances clinching the issue, coming to light in the scenario of the present case need to be delineated. The deceased was 19 years old educated girl married to Sukhdev Raj respondent about 1-1/2 years prior to the occurrence. She was quite hail and hearty at the time of incident. Sukhdev Raj and Satya Wanti were the other occupants of the house besides the deceased where the occurrence took place. Though Rachna Devi was married, yet she was also staying at their house. The deceased was got admitted in the Civil Hospital, Batala by Babb her sister. It was not a natural death. She died due to burn injuries. 13. Now the question which arises for consideration is whether it was suicide or a homicidal death. For this we need to reproduce the injuries as depicted by Dr. Harbhajan Singh (PW 1), which reads as under : "1. Superfical partially healed burnt wound on whole of the face including both eyes and both ears and front of back neck. 2. Superficial partially healed burnt wound alternative with completely healed patches of burnt wound involving whole of chest and abdomen on front aspect. The partially healed areas of burnt wounds were embedded with pus discharged. 3. Superficial partially healed alternative with areas of completely healed burnt wounds on the back of chest and abdomen. Burnt wounds on injury No. 2 was limited up to supra pubic region. 4. Superficial partially healed alternating with completely healed burnt wound involving anterior and posterior aspect of left upper arm, left fore arm and dorsum of hand. Pus discharge was seen on the back of left upper arm. 5. Burnt wounds on injury No. 2 was limited up to supra pubic region. 4. Superficial partially healed alternating with completely healed burnt wound involving anterior and posterior aspect of left upper arm, left fore arm and dorsum of hand. Pus discharge was seen on the back of left upper arm. 5. Superficial partially healed alternating with areas of completely healed burnt wounds involving interior and posterior aspect of right upper arm, right fore arm and dorsum of right hand sparing the palmer aspect of hand. Medial aspect of upper arm was embedded with pus discharge. Few areas of injury Nos. 4 and 5 also revealed muscle deep burnt wounds. 6. 10 cms x 15 cms area of front of right thigh revealed muscle deep burnt wound with semi-healed nature and pus discharge. Perennial area was spared of injury. On dissection of skull, brain matter was congested and patechial haemorrhage were present in the brain matters. Dissection of neck and chest showed congestion of trachea, congestion of the lungs and on squeezing the lungs dark blood stained fluid came out. Heart was congested containing dark colour blood, esophagus was congested and mouth showed burnt ulcers. Stomach contained 100 cc fluid and, was congested. The bladder was empty, organs of generation external and internal were congested and healthy and uterus was non-gravid." 14. According to him, she died due to septicemia and toxemia due to burn injuries. The injuries were ante mortem in nature and sufficient to cause death in the ordinary course of the nature. According to him, she had suffered 60% burns. Dr. Gurpal Singh (PW2) has stated that Babb (PW7) and Darshna Devi (PW8) got Anju Bala admitted in the hospital. Her dying declaration was recorded by SI Balbir Singh in his presence and he had read over the said statement Ex.PF to her and she had signed the same in token of its correctness. The case of the prosecution, as per the dying declaration, is that Sukhdev Raj respondent had beaten Anju Bala, Satya Wanti abused her, poured kerosene on her clothes and set her ablaze. On the other hand, the case set up by the accused is that when Anju Bala was boiling the milk for her child, the stove had burst and she caught fire. 15. On the other hand, the case set up by the accused is that when Anju Bala was boiling the milk for her child, the stove had burst and she caught fire. 15. Now in this background of the case, in order to find out if it was homicidal death, cursory look of the injuries as depicted by Dr. Harbhajan Singh (PWl) determines the issue against the accused. The injuries are not only on the front portion of her body but also on the front and back of the chest and abdomen. It also involved the interior and posterior aspect of left upper arm, left forearm, dorsum of hand, back of the left upper arm, interior and posterior aspect right upper arm, right forearm and dorsum of right hand sparing the palmer aspect of the hand and perennial area. All this goes to prove the story as given in the dying declaration that she was set ablaze by Satya Wanti. This piece of medical evidence corroborates the dying declaration. As such we are not hesitant to hold that the injuries suffered by her were not the result of accidental fire but were caused by the accused. 16. Now coming to the dying declaration, it may be observed that at the time of recording the statement, SI Balbir Singh was not the Investigating Officer. Neither SI Balbir Singh nor the doctor in any way were in connivance the complainant. SI Balbir Singh recorded statement of Anju Bala in a routine manner for setting the law in motion without wasting any time. However, she ultimately died of burns on 4.4.1994. There is no reason to discard such statement which has been recorded by the Investigating Officer after getting certification from the doctor and to treat the same as dying declaration. The Apex Court though did not encourage recording the dying declaration by the police officer but it also did not reject the same when the facts and circumstances of the case permitted. A similar question arose before their Lordships in case State of Punjab v. Amarjit Singh, 1988(2) RCR(Criminal) 534 : AIR 1988 SC 2013, wherein it was observed as under : "18. A similar question arose before their Lordships in case State of Punjab v. Amarjit Singh, 1988(2) RCR(Criminal) 534 : AIR 1988 SC 2013, wherein it was observed as under : "18. It is true as this court has observed in Dalip Singh v. State of Punjab, (1979)4 SCC 332 : (AIR 1979 SC 1173) that the practice of Investigating Officer himself recording a dying declaration during the course of investigation ought not to be encouraged and it would be better to have dying declaration recorded by Magistrate. But no hard and fast rule can be laid down in this regard. It all depends upon the facts and circumstances of each case. 19. In this case, ASI belongs to the Police Station at Bhogpur. Upon intimation by wireless message that Balwinder Kaur was admitted in Ludhiana Hospital, he straightway went to that place. He met the Doctor and recorded her statement. The FIR was issued on the basis of that statement. It was then an offence under Section 307, IPC. The investigation went on accordingly at Bhogpur. The Police Station at Bhogpur is 92 kms from Ludhiana and we are told that Bhogpur is in a different district altogether. In these circumstances, we cannot find fault with the ASI for not getting the dying declaration recorded by a Magistrate." 17. A similar question came up before the Apex Court for discussion in case Paras Yadav v. State of Bihar, 1999(1) RCR(Crl.) 628 (SC) wherein it was observed when the statement is recorded by the police on the scene of occurrence itself within few minutes of the occurrence, then the same could be treated as dying declaration. There was no reason to disbelieve the dying declaration when the medical evident corroborates the prosecution version. 18. Merely because a statement was recorded by a police personnel and thumb impression of the deceased was affixed, it cannot straightway be rejected. At the cost of repetition, in the instant case it may be observed that the SI Balbir Singh sought the opinion of Dr. Gurpal Singh (PW2) before recording statement of Anju Bala and he certified vide his opinion Ex.PF/1 that she was fit to make the statement. Even while appearing in the witness box Dr. Gurpal Singh (PW2) stated that statement of Anju Bala was recorded in his presence which implies that she was fit to make the statement throughout. Gurpal Singh (PW2) before recording statement of Anju Bala and he certified vide his opinion Ex.PF/1 that she was fit to make the statement. Even while appearing in the witness box Dr. Gurpal Singh (PW2) stated that statement of Anju Bala was recorded in his presence which implies that she was fit to make the statement throughout. It may further be noticed that Anju Bala did not die the same day, thus, there is no reason to discard such a statement and exclude the same from consideration merely for the reason that it was recorded by SI Balbir Singh for setting the law in motion on that basis and no other dying declaration was recorded by any doctor or Magistrate. Nevertheless, the Investigating Officer had the opportunity to record another dying declaration but in the absence of any blemish or suspicion raised over the said statement, no reason to discard the same could be observed, particularly when the said statement of Anju Bala was free from any tutoring, prompting and could not be the product of imagination. The contention that the dying declaration made before the Investigating Officer is not of any consequence, therefore, the same deserves to be discarded could not be viewed with sympathy as the same was recorded by the Investigating Officer in routine manner without wasting any time. A similar proposition arose in case Gulam Hussain v. State of Delhi, 2000(3) RCR(Crl.) 714 wherein it was observed that the submission has no substance because at the time of recording the statement, PW-22 Balwan Singh did not possess the capacity of an Investigating Officer as the investigation had not commenced by then. Such a statement can be treated as dying declaration which is admissible in evidence under Section 32(1) of Evidence Act. It may further be noticed that the dying declaration finds support not only from the medical evidence the statements of Babb (PW7) and Darshna Devi (PWS) who supported the prosecution during their examination-in-chief but went hostile after a long time when they were brought to the witness box for cross-examination. However, during the cross-examination by the State counsel they again accepted some of the prosecution version. It also finds support from the recovery of kerosene stove, match box, burner and tank of the stove. However, during the cross-examination by the State counsel they again accepted some of the prosecution version. It also finds support from the recovery of kerosene stove, match box, burner and tank of the stove. Had the story as put forward by the accused been correct, then the tank of the stove would have burst but the seizure memo indicates that the burner was found separate from the tank, as such the dying declaration, though recorded by SI Balbir Singh, who was not appointed as Investigating Officer at that time, cannot be doubted. It may further be noticed that even a slight doubt or malice has not been created on the conduct of SI Balbir Singh for recording dying declaration. The dying declaration made by the deceased is categoric and specific and the same stands supported by Dr. Gurpal Singh (PW2) and ASI Balbir Singh (PW9). 19. Now we would like to pick up the following circumstances as established from the record which go against the accused : (i) Anju Bala died within 1-1/2 years of marriage; (ii) The occurrence took place at the house of the accused; (iii) It was homicidal death and she died as a result of pouring kerosene on her body; (iv) No one out of the respondents made earnest efforts to save her life and she was admitted by her sister and aunt in the hospital; (v) None of them suffered any injuries which indicates that they did not make efforts to put off the fire; (vi) They did not make any effort to take her to the hospital; (vii) No motive has been alleged against the deceased to implicate them falsely; (viii) Dying declaration does not suffer from any infirmity; (ix) The respondents had motive for committing the crystal offence as they were infested with ego, greed and avarice for dowry. 20. Again in order to establish the charge, there are other circumstances supporting the dying declaration. The deceased died while she was in custody of the respondents and it is for them to explain her death. The plea set up by them stood false not for the only reason that they could not prove the same but also from the circumstances prevailing over the case. It has also been observed in case Amarjit Singh & ors. The deceased died while she was in custody of the respondents and it is for them to explain her death. The plea set up by them stood false not for the only reason that they could not prove the same but also from the circumstances prevailing over the case. It has also been observed in case Amarjit Singh & ors. v. State of Punjab, 1989(1) RCR 18, that as it appears to us, in the changing social pattern, with the greed for dowry and lust for money, respect for human life and more so of female victim involved has gone with the wind. The closed doors behind which such crimes are committed, the opportunity to choose the time of the commission of crime with the accused, non-availability of direct evidence and non-availability of even circumstantial evidence, which would complete the chain of guilt, has led to a deplorable situation putting to ridicule the rules of trial and the role of the judge. It was further observed in Amarjit Singhs case (supra) that person in whose trust the bride comes to her matrimonial home then, how the bride turns into corpse, that fact would be established by him as the same is within his knowledge. As such, in the present case, since the deceased was in the custody of the respondents, therefore, they were responsible to explain her death but they have failed to shift the burden. 21. Now coming to the evidentiary value of the dying declaration, it was observed in case Smt. Laxmi v. Om Parkash and others, 2001(3) RCR(Crl.) 358, as under : "Nemo moriturus praesumitur mentire - No one at the point of death is presumed to lie." "A man will not meet his Maker with a lie in his mouth" - is the philosophy of law underlying admittance in evidence of dying declaration. "A dying declaration made by person on the verge of his death has a special sanctity as at that solemn moment, a person is most unlikely to make any untrue statement. The shadow of impending death is by itself the guarantee of the truth of the statement made by the deceased regarding the causes or circumstances leading to his death. A dying declaration, therefore, enjoys almost a sacrosanct status, as a piece of evidence, coming as it does from the mouth of the deceased victim. The shadow of impending death is by itself the guarantee of the truth of the statement made by the deceased regarding the causes or circumstances leading to his death. A dying declaration, therefore, enjoys almost a sacrosanct status, as a piece of evidence, coming as it does from the mouth of the deceased victim. Once the statement of the dying person and the evidence of the witness testifies to the same passes the test of careful scrutiny of the Courts, it becomes a very important and reliable piece of evidence and if the court is satisfied that the dying declaration is true and free from any embellishment such a dying declaration, by itself can be sufficient for recording conviction even without looking for any corroboration" - is the statement of law summed up by this Court in Kundula Bala Subrahmanyam v. State of A.P., 1993(2)(sic) SC 684. The Court added - such a statement, called the dying declaration, is relevant and admissible in evidence provided it has been made by the deceased while in a fit mental condition." 22. Again while examining the evidentiary value of the dying declaration, the Apex Court in a recent judgment of Muthu Kutty and another v. State by Inspector of Police, Tamil Nadu, 2005(1) RCR(Crl.) 639 : 2005(1) Apex Criminal 287 (SC), in the following terms : (i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration. (ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration. (iii) The Court has to scrutinize the dying declaration carefully and must ensure that the declaration is not the result of tutoring, prompting or imagination. The deceased had an opportunity to observe and identify the assailants and was in a fit state to make the declaration. (iv) Where dying declaration is suspicious, it should not be acted upon without corroborative evidence. (v) Where the, deceased was unconscious and could never make any dying declaration, the evidence with regard to it is to be rejected. (vi) A dying declaration which suffers from infirmity cannot form the basis of conviction. (vii) Merely because a dying declaration does contain the details, as to occurrence, it is not to be rejected. (viii) Equally, merely because it is a brief statement, it is not to be discarded. (vi) A dying declaration which suffers from infirmity cannot form the basis of conviction. (vii) Merely because a dying declaration does contain the details, as to occurrence, it is not to be rejected. (viii) Equally, merely because it is a brief statement, it is not to be discarded. On the contrary, the shortness of the statement itself guarantees truth. (ix) Normally, the Court in order to satisfy whether deceased was in a fit mental condition to make the dying declaration look up to the medical opinion. But where the eye witness said that the deceased was in a fit and conscious state to make the dying declaration, the medical opinion cannot prevail. (x) Where the prosecution version differs from the version as given in the dying declaration, the said declaration cannot be acted upon. (xi) Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustworthy and reliable, it has to be accepted." 23. Now putting the facts of the present case to test on the principles laid down in Muthu Kutty and anothers case (supra), we have already observed that the dying declaration made by Anju Bala was voluntary without any tutoring, prompting or the result of imagination of the deceased and her statement was recorded without any delay on the part of the Investigating Officer. There is a definite evidence that she was fit to make the statement. Under such circumstances, we have no hesitation to base the conviction of the respondent on the basis of the dying declaration which received support from the medical as well as ocular evidence. 24. Some doubts were raised from the statements of Babb (PW7) and Darshna Devi (PW8) and it was urged that when their own blood had gone white, then why the so called dying declaration should be believed. In this regard, it may be observed that on 13.12.1995 when statement of Babb (PW7) was recorded in chief, she fully supported the prosecution case. However during cross- examination on 5.3.1997, after she was declared hostile, she was cross- examined by the learned Public Prosecutor but during the said cross- examination she again admitted the material facts. In this regard, it may be observed that on 13.12.1995 when statement of Babb (PW7) was recorded in chief, she fully supported the prosecution case. However during cross- examination on 5.3.1997, after she was declared hostile, she was cross- examined by the learned Public Prosecutor but during the said cross- examination she again admitted the material facts. Similarly, though Darshna Devi (PW8) was also declared hostile, yet perusal of her statement transpires that she did not deny the material facts. Nevertheless, if their statements are discarded, even then from perusal of the dying declaration itself which we are acting upon, it transpires that the dying declaration itself is sufficient to find out the guilt of the accused in the present case. Even according to the dying declaration, they are not eye witnesses to the occurrence. 25. Now coming to the question of interference in the judgment of acquittal, the Apex Court in case Anil Kumar v. State of U.P., 2004(4) RCR(Crl.) 358 has observed that where the trial court has ignored the admissible evidence resulting into miscarriage of justice then this court is all empowered to review, rely and re-appreciate such evidence. The relevant extract of the observations given in Anil Kumars case (supra) are reproduced as under : "10. There is no embargo on the appellate Court reviewing the evidence upon which an order of acquittal is based. Generally, the order of acquittal shall not be interfered with because the presumption of innocence of the accused is further strengthened by acquittal. The golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted. The paramount consideration of the Court is to ensure that miscarriage of justice is prevented. A miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of an innocent. In a case where admissible evidence is ignored, a duty is cast upon the appellate Court to re-appreciate the evidence where the accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really committed any offence or not. [See Bhagwan Singh and ors. In a case where admissible evidence is ignored, a duty is cast upon the appellate Court to re-appreciate the evidence where the accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really committed any offence or not. [See Bhagwan Singh and ors. v. State of Madhya Pradesh, 2002(2) RCR(Crl.) 593 : 2002(2) Supreme 567]. The principle to be followed by appellate Court considering the appeal against the judgment of acquittal is to interfere only when there are compelling and substantial reasons for doing so. If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference. These aspects were highlighted by this court in Shivaji Sahabrao Bodade and anr. v. State of Maharashtra, (AIR 1973 SC 2622), Ramesh Babulal Doshi v. State of Gujarat, 1996(3) RCR(Crl.) 188 : 1996(4) Supreme 167, Jaswant Singh v. State of Haryana, 2000(2) RCR(Crl.) 545 : 2000(3) Supreme 320, Raj Kishore Jha v. State of Bihar and ors., 2003(4) RCR(Crl.) 935 : 2003(7) Supreme 152, State of Punjab v. Karnail Singh, 2003(5) Supreme 508 : 2004(1) RCR(Crl.) 156 and State of Punjab v. Pohla Singh and Anr., 2003(7) Supreme 17 : 2004(1) RCR(Crl.) 5 and Suchand Pal v. Phani Pal and anr., 2004(1) RCR(Crl.) 221 : JT 2003(9) SC 17. " 26. While putting the facts of the present case on the parameters of the aforesaid judgment delivered in Anil Kumars case (supra), we do not eschew aside holding that the trial court has not appreciated the admissible evidence in the right perspective. Neither the medical evidence, nor dying declaration have been evaluated on the preponderance of probabilities and has ignored the other evidence as well on the flimsy grounds. Eventually, we are bound to hold that the impugned judgment has resulted into miscarriage of justice. Consequently, interference at our end has become inevitable. 27. Neither the medical evidence, nor dying declaration have been evaluated on the preponderance of probabilities and has ignored the other evidence as well on the flimsy grounds. Eventually, we are bound to hold that the impugned judgment has resulted into miscarriage of justice. Consequently, interference at our end has become inevitable. 27. As an abundant caution, being aware that in appeal against acquittal much cautious exercise to be done and utmost restraint to be exercised so that any innocent person may not attract the gallows, Rachna Devi respondent was a married lady; no allegations have been levelled against her by the deceased regarding her participation in the commission of the crime; there is no evidence as to nature of instigation made by her and Sukhdev Raj to Satya Wanti; she was not beneficiary to the articles expected to be received by the respondents, therefore, the needle of guilt could not be pointed against her. Similarly, as regards Sukhdev Raj, though he may be committing atrocities upon Anju Bala, but, since we are believing the dying declaration and proceed to act upon the said evidence then undoubtedly, we could reach only one conclusion that it was only Satya Wanti who took the cudgels with Anju Bala, poured kerosene upon her and set her ablaze. Therefore, the only plausible conclusion which could be formed is that Satya Wanti committed the offence under Section 302 IPC. 28. Consequently, we partly accept the appeal, set aside the impugned judgment qua acquittal of the accused-respondent Satya Wanti and convict her under Section 302 IPC. However, accused-respondents Sukhdev Raj and Rachna Devi are being extended benefit of doubt for want of adequate evidence against them. Accused Satya Wanti having no sympathy for the deceased does not deserve any leniency. 29. Now coming to the question of sentence, the accused Satya Wanti treated the deceased as alien in their house. She having been infested with greed; ego and avarice for dowry treated her with cruelty. She had no mercy of any kind for her. Despite misbehaving, harassing and beating her, Satya Wanti poured kerosene upon her and set her ablaze. Sukhdev Raj so as the other members of the family also had no mercy to shift her to the hospital for treatment. She had no mercy of any kind for her. Despite misbehaving, harassing and beating her, Satya Wanti poured kerosene upon her and set her ablaze. Sukhdev Raj so as the other members of the family also had no mercy to shift her to the hospital for treatment. Since minimum sentence has been provided under the law for the offence of culpable homicide amounting to murder, therefore, the opportunity of hearing her on the quantum of sentence would be immaterial. However, it would be suffice to say that the present case does not fall within the category of rarest of rare casts. As such, the accused Satya Wanti is sentenced to undergo rigorous imprisonment for life and nominal fine of Rs. 500/-. Copy of the order be sent to the learned Chief Judicial Magistrate, Gurdaspur for implementing the judgment. Appeal partly allowed.