He also admitted that she died within 15 minutes after recording her dying declaration .
It was alleged by the prosecution that on the fateful night of September 19,1979 when Sarita Sahu since deceased was sleeping with her mother Balmsti Sahuani P.W.4 in the other varandah of their house in village Bilaigarh, Distt.
The prosecution mainly relied upon the evidence of oral dying declaration which was alleged to have been made by Sarita sahu to her mother Balamati Sahuani P.W.4 and her elder sister, Malati Sahuani P.W.5 .
It was then numbericed that Sarita Sahu was companypletely burnt.
the respondent preferred an appeal to the High companyrt of Orissa which was allowed by the Learned Division Bench of the Said High Court holding that the prosecution evidence is number sufficient to hold the respondent guilty of an offence punishable under Section 302 IPC for companymitting the murder of his wife.
It may be stated that the factum of death of Sarita Sahu was number challenged before the companyrts below Sarita sahu Was number challenged before the companyrts below as well as in this companyrt.
Dr. Premananda Pattanaik P.W.1 numbered as many as five injuries on the dead body of Sarita Sahu and opened that she died because of extensive burn injuries.
It is this order of the High Court dated 31.4.84 which is the subject matter of challenge before us.
She was then taken to the Laing primary Health Centre where she succumbed to the burn injuries during the same night.
It is relevant to number trat Dr. Premananda Pattanaik P.W.1 has number certified that she was in her full senses and was medically fit to make a statement although he had certified that she was companyscious.
It is alleged that Sarita also made a dying declaration which was recorded by Dr. Premananda Pattanaik W.1 .
4 recorded by Dr. Premananda Pattanaik P.W.1 we find that he has admitted in HIS evidence that when Sarita Sahu was brought to the dispensary she first was given an injection and thereafter her statement was recorded.
The respondent denied the charge and pleaded that he is innocent and he has been falsely implicated in the present crime.
sundergarh, the respondent poured petrol on the body of his wife, sarita Sahu and lit the fire.
4 recorded by Dr. Prumananda Pattanaik W.1 .
Coming to the companyplicity of the respondent in the present crime as stated earlier the prosecution mainly relied upon the alleged dying declarations made by her to her mother, Balmati Sahuani P.W.4 and sister, Malati Sahuani P.W.5 .
P. KURDUKAR, J. This criminal appeal by Special Leave is filed by the State of Orissa challenging the judgment and order of acquittal dated 31.7.84 passed by the High Court of Orissa.
The respondent accused was put up for trial for an offence punishable under Section 302 IPC for companymitting the murder of his wife, sarita Sahu.
He further stated that she was companyscious at that time.
