Dying Declaration of a wife admissible for cruelty charges against husband even the husband is acquitted of charges regarding her death – SC

CASE: Surendran v. State of Kerala

BENCH: Chief Justice of India NV Ramana, Justices AS Bopanna and Hima Kohli

SECTION 498A 1PC: Husband or relative of husband of a woman subjecting her to cruelty.

The Supreme Court recently observed that the dying declaration of the wife under the Indian Evidence Act can be used against the husband to prove cruelty under the Indian Penal Code (IPC) even if he is discharged of matters related to her death.

However, the same is subject to two pre-conditions:

1. The cause behind the wife's death must come into question;
2. The prosecution must show that the evidence that is sought to be admitted concerning Section 498A of the IPC must also relate to the transaction of the death.

FACTS

The Court was considering an appeal against the decision of the Kerala HC which had acquitted the appellant for dowry death while confirming his conviction for cruelty under the IPC and sentenced him to severe imprisonment for one year.

The appellant argued that the suicide note made by the deceased wife cannot be relied upon for his convicting under cruelty as they do not fall within the scope of Section 32(1) of the Indian Evidence Act ("the Act").

Section 32 provides statements made by a person who is dead, that are relevant and can be relied upon as evidence. Section 32(1) provides that such statements are relevant when it connects to the cause of death of the person.

HELD

The bench noted that u/s 32(1) of the Act the phrase “cases in which the cause of that person's death comes into question” is more comprehensive than merely referring only to cases where there are murder or dowry death charges. 

Therefore, the bench was of the view that the evidence of a deceased concerning cruelty could be admissible in a trial under Section 498A of the IPC under Section 32(1) of the Act after the above-mentioned, pre-conditions are followed.

Thus, it confirmed the punishment passed by the HC by sentencing him to one-year imprisonment for cruelty.