Wife's dying declaration against hubby admissible: SC

One-liner: A wife's dying declaration about cruelty meted out to her by her husband is admissible in a trial for a charge under Section 498A of the IPC under the Evidence Act.

Preconditions: The SC bench headed by Chief Justice N V Ramana, however, said certain necessary pre­conditions must be met before the evidence is admitted.

  • The top court said that the first condition is that her cause of death must come into question in the matter

Circumstances: The SC said the prosecution will have to show that the evidence sought to be admitted with respect to Section 498A of the IPC must also relate to the circumstances of the transaction of the death.

Order challenged: The observations came while hearing an appeal filed by a man challenging a Kerala HC order which acquitted him under Section 304B of the IPC while confirming his conviction under Section 498A of the IPC.

Dowry: Within a few days of marriage, the appellant brought the deceased back to her parental home with the threat that if the extra dowry was not given, he would leave her and marry another girl.

Suicide attempt: As a result of such harassment, the deceased attempted suicide for the first time by consuming poison.

Bench direction: The bench directed the husband to surrender within a period of one week before the authorities serve out the remaining period of the sentence. 

Source: PTI

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