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(Guest)

Whether dying declaration given by wife is admissible for co

Whether dying declaration given by wife is admissible for conviction of husband U/S 498A of IPC simplicitor?

 

Before discussing the evidence, it would
be appropriate to refer to the question which had
come up for consideration before the Hon'ble the
Supreme Court in the matter of Bhairaon Singh vs.
State   of   M.P.   (supra).   The   question   recorded   by
the Hon'ble Supreme Court in the above Judgment in
Para 2 is as under:­
"2.  The question that arises for consideration
in this appeal by special leave is : in a case
where accused has been acquitted of the offence
punishable under Sections 304­B and 306, IPC,
and the death of wife is neither homicidal nor
suicidal   but   accidental,   whether   the   oral
evidence of witnesses about what the deceased
had   told   them   against   the   accused   about   the
treatment meted out to her is admissible under
Section   32(1)   of   the   Evidence   Act   to   sustain
conviction under Section 498­A IPC?"

 The Hon'ble Supreme Court then dealt with
the provisions under Section 32(1) of the Indian
Evidence   Act,   1872   and   the   concerned   law   on   the
subject and after referring to the evidence of the
brothers of the victim in that matter, observed in
Para 11 as under:
"11. The   moot   question   is:   whether   the
statements attributed to the deceased could be
used   as evidence   for  entering  upon  a  finding
that the accused subjected Ranjana Rani @ Raj
Kumari   to   cruelty   as   contemplated   under
Section   498­A,   IPC.   In   our   considered   view,
the evidence of PW­4 and PW­5 about what the
deceased   Ranjana   Rani   @   Raj   Kumari   had   told
them against the accused about the torture and
harassment is inadmissible under Section 32(1)
of  the  Evidence  Act  and  such   evidence  cannot
be looked into for any purpose. Except Section
32(1)   of   Indian   Evidence   Act,   there   is   no
other provision under which the statement of a
dead   person   can   be   looked   into   in   evidence.
The  statement  of  a dead  person  is  admissible
in law if the statement is as to the cause of
death or as to any of the circumstances of the
transactions which resulted in her death, in a
case   in   which   the   cause   of   death   comes   into
question.   What   has   been   deposed   by   PW­4   and
PW­5   has   no   connection   with   any   circumstance
of   transaction   which   resulted   in   her   death.
The   death   of   Smt.   Ranjana   Rani   @   Raj   Kumari
was   neither   homicidal   nor   suicidal;   it   was
accidental. Since for an offence under Section
498­A   simpliciter,   the   question   of   death   is
not and cannot be an issue for consideration,
we are afraid the evidence of PW­4 and PW­5 is
hardly   an   evidence   in   law   to   establish   such

offence.   In   that   situation   Section   32(1)   of
the Evidence Act does not get attracted."
8. In view of the above observations of the
Hon'ble the Supreme Court, it is clear that what
victim   told   PW­1   and   PW­2   against   the   accused
about the alleged demand and harassment would be
inadmissible   evidence   under   Section   32(1)   of   the
Indian Evidence Act and the said evidence cannot
be looked  into as here also  death  appears  to be
accidental. 
     IN  THE HIGH COURT OF JUDICATURE AT BOMBAY 
BENCH AT AURANGABAD
   CRIMINAL APPEAL NO.93 OF 2003
Subhash s/o Purandas Pawar,

       VERSUS             
The State of Maharashtra  
  
              CORAM:   A.I.S. CHEEMA, J.
  
   DATE OF PRONOUNCING JUDGMENT: 15TH JUNE, 2016.

https://www.lawweb.in/2016/06/whether-dying-declaration-given-by-wife.html



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 1 Replies

Kumar Doab (FIN)     21 June 2016

Thanks for posting.

You are doing a commendable job.


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