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24. The frst statement / Dying Declaration as is evident from the evidence on record is that of Deceased Daughter, which is dated 14/04/2015. As per that statement, her grandmother Annapurna had come to their house on 14/04/2015 for going to the procession on account of birth anniversary of Dr. Babasaheb Ambedkar. She and her mother [Deceased Wife] got ready for going to the said procession. Her father [Appellant] was consuming liquor in the house. Her mother asked her father to get ready at the earliest for going to the procession. At that time, the Appellant asked her why her mother was coming to their house every day and whether it was her [Annapurnabai's] father's property and abused. As they expressed that they will not go for the procession, her grandmother left their house. Her father slapped and beat her mother by fst. At that time, her mother said that if he wants to beat her, he should do it. Immediately, her father abused and beat her and poured kerosene on her mother which was in the Can and by pulling her, poured kerosene on her person and 16 CriAppeal-149-2020.odt ignited fre by a matchstick. When they screamed, the Appellant poured water and doused the fre. Due to pouring of kerosene and igniting fre, her clothes got burnt and she suffered burn injuries on her 'chest, back, stomach, neck, both hands, mouth and both the thighs. Her mother also suffered burn injuries on her 'back, stomach, both hands, neck, mouth, chest and both the legs'.

29. The scrutiny of the above referred statements / Dying Declarations of Deceased Daughter and Deceased Wife show that there are inconsistencies inter se. In her frst statement / Dying Declaration, Deceased Daughter stated that, after pouring kerosene and igniting fre by the Appellant, they screamed and the Appellant put water over them and doused the fre. In her second statement / Dying Declaration, she stated that, after the Appellant poured kerosene and set them on fre, they screamed and came out 22 CriAppeal-149-2020.odt of the house and neighbourers doused the fre by pouring water over them and they also poured the water on themselves. In her third statement / Dying Declaration, she stated that, after the Appellant poured kerosene and set them on fre, they both jumped into the water tank and the Appellant also tried to douse the fre and he burnt his hands. Thus, there are three different versions by deceased daughter in her three statements / Dying Declarations.

30. In her frst statement / Dying Declaration the Deceased Wife, she stated that, after the Appellant poured kerosene and set them on fre, they shouted and neighbourers put water over them and doused the fre and the Appellant did not try to douse the fre and while setting them on fre, the Appellant's hands got burnt. In her second statement / Dying Declaration, she stated that, after pouring the kerosene and setting them on fre, the Appellant put the water over the daughter and he did not try to save her and she was suspecting that the Appellant was having extra marital affairs. Here also two different versions are stated by Deceased - Gangasagar in her two statements.

35. The above discussed evidence of two witnesses who were the father and sister of Deceased Wife established that they and mother of Deceased Wife were in constant company of both the injured right from their admission to 25 CriAppeal-149-2020.odt the Hospital till their death. Suggestion is given by the defence that both the injured were not ready to give statement that the Appellant poured kerosene on them and set them ablaze, however, they made them to give such statement. From this clear evidence on record, the strong possibility of tutoring the injured cannot be ruled out. The supplementary statement / Dying Declaration of Deceased Daughter dated 16/04/2015 show that it was recorded with the consent and in presence of her grandmother. PW - 11 [Parshuram Kishan Marade], the Investigating Offcer in his evidence, admitted that the statement of Deceased Daughter, which was at Exhibit - 66 i.e. supplementary statement, was recorded by him in presence of grandmother of Deceased Daughter. This again fortifes the possibility of tutoring the injured. As the evidence clearly established that the statements / Dying Declarations were not free from tutoring, the Prosecution's case about the voluntariness of the aforesaid statement / Dying Declarations, is required to be seen with doubt.