Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court

Overruling some of its earlier judgments, the Supreme Court observed that evidence of a deceased wife under Section 32 of Evidence Act with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC.This is, however, subject to satisfaction of two pre­conditions Her cause of death must come into question in the matter The prosecution will have to. Referring to the decision cited by the accused's counsel, and also the judgments in Inderpal v. State of MP, 10 SCC 736, Bhairon Singh v. State of Madhya Pradesh, 13 SCC 80 and Kantilal Martaji Pandor v. State of Gujarat, 8 SCC 781, the court observed: "All of these judgments also appear to follow the same line of reasoning as followed by this Court in Gananath Pattnaik case, i.e., that once the Court has acquitted an accused of the charge relating to the death of an individual, the evidence of the deceased would not be admissible to prove the charge under Section 498A of the IPC simpliciter as then the case would no longer relate to the death of the deceased." Case details Surendran vs State of Kerala | 2022 LiveLaw 482 | CrA 1080 of 2019 | 13 May 2022 CJI NV Ramana, Justice AS Bopanna and Hima Kohli Headnotes Indian Evidence Act, 1872 ; Section 32 ; Indian Penal Code, 1860 ; Sections 498A, 304B, 302, 306 - Dying declaration - In some circumstances, the evidence of a deceased wife with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC under Section 32 of the Evidence Act, subject to meeting certain necessary pre­conditions That her cause of death must come into question in the matter - For instance, matters where along with the charge under Section 498A of the IPC, the prosecution has also charged the accused under Sections 302, 306 or 304B of the IPC - As long as the cause of her death has come into question, whether the charge relating to death is proved or not is immaterial with respect to admissibility. Indian Evidence Act, 1872 ; Section 32 - Test for admissibility- The cause of death must come into question in that case, regardless of the nature of the proceeding, and that the purpose for which such evidence is being sought to be admitted should be a part of the 'circumstances of the transaction' relating to the death - The test is not that the evidence to be admitted should directly relate to a charge pertaining to the death of the individual, or that the charge relating to death could not be proved.