in the hospital. Thereafter her statement was recorded by the investigating agency. The general diary entry was taken on the basis of the said statement. She was admitted in the hospital till 21.08.2023. After discharged from the hospital, she went at her parents house and thereafter, after 20 days this FIR came to be lodged. As per the recitals of the FIR, on the day of incident i.e. 10.07.2023 the present applicant has poured the kerosene on her. Except the statement of the son of the deceased, there is no other statements substantiating the condition that the present applicant has poured kerosene on her. The history narrated before the Medical Officer also shows that she sustained a burn injury in the house and therefore, she was admitted. As far as the dying declarations which are recorded on 10.07.2023 and 02.09.2023 are concerned, which are completely contradictory, however which is the genuine dying declaration is a mater of evidence. At this stage, considering the two contradictory statements given by the deceased and various statements are recorded during the investigation and the delay which is caused in lodging the FIR creates the doubt about the prosecution case. At this stage, it would not be appropriate to comment on the nature of the evidence. However, considering the investigation is already completed, charge-sheet is already filed, further incarceration of the present applicant is not required, in view of that, the application deserves to be allowed by imposing
