Additional Sessions Judge Rakesh Tewari let off Jai Kishan and Sunita, noting that the victim in her statement to the police had said the accused poured diesel before setting her on fire but medical records held it was kerosene.
"I am of considered opinion that it will be dangerous to rely upon the alleged dying declaration of deceased (Saira) in order to convict the accused for her murder and accordingly, I am left with no option but to extend benefit of doubt to both the accused and they are acquitted...," the judge said.
Holding that it was "dangerous" to rely on the statement, the court also noted that the police, despite having sufficient time, did not get her version recorded by a magistrate and hence it cast doubt over the indicting testimony.
The victim, in her dying declaration, had alleged that she was residing at Narela here and in June 2009, the accused had a quarrel with her and her husband over water supply.
The verbal duel turned ugly and the accused poured diesel on her and set her ablaze before fleeing, she had claimed.
She later succumbed to burn injuries at a hospital here.
Kishan was arrested following her statement, while Sunita was nabbed later after being declared a proclaimed offender.
The court, in its verdict, also considered inconsistencies in the statements of the victim and her husband.
"If the relationship between husband and wife were cordial or it may not be so, but it is the unnatural conduct of a wife i.E. The deceased not telling her husband about the culprits despite knowing them very well, who set her on fire.
"From this circumstance, the said dying declaration further becomes unworthy of any credit to be given to it," it said.
