we are not inclined to disturb the acquittal of the respondentsaccused. In the first dying declaration Ferjanabi had stated that she had attempted to commit suicide while in other two dying declarations she had stated that it was her mother-in-law, who had poured kerosene on her and had set her ablaze. In the light of such major variance in the three written dying declarations, according to us, no reliance could be placed on any one of the dying declaration and prosecution could not be permitted to pick and choose a dying declaration favourable to advance its case, put forth from the evidence of the eye witnesses. Similarly, an oral dying declaration also does not deserve any credit, as in the oral dying declaration Ferjanabi is alleged to have said about her mother-inlaw pouring kerosene and setting her ablaze. In so far as the evidence of section 498A is concerned, we find that the reasons as to why Ferjanabi is said to have been ill-treated, have been proved as omissions from previous statement of mother of deceased. This being an appeal against the acquittal and since there is no perversity in the reasoning of the Trial Court, according to us, no interference is warranted. Accordingly, this application is dismissed. Leave refused.
