The Supreme Court on Monday overturned a man’s sentence for allegedly harassing his wife and causing her death after noticing discrepancies in several dying declarations.
A bench comprising of Justices S. Ravindra Bhat and Sudhanshu Dhulia overturned the Madhya Pradesh High Court’s decision noting that there were several dying declarations and in the second dying declaration that person was not mentioned in the first, alleged cruelty in connection with the demand of dowry.
The court noted that the High Court had entirely dismissed the second dying statement. The court remarked that in these circumstances, it is necessary to assess the cumulative strength of the evidence that the High Court relied upon in order to determine whether the appellant is guilty under Section 498A IPC?
Earlier Rajaram, the husband of the deceased, filed a petition in the High Court seeking remedies against his conviction and sentence under Section 498A of the Indian Penal Code (IPC). The Madhya Pradesh High Court rejected his appeal.
According to the prosecution, on April 23, 2009, the hospital received word that a woman in a charred condition had been brought there by her husband (the appellant). The medico-legal certificate (MLC) of the injured Pushpa was issued at the request of Police Station Ashok Nagar, District Ashoknagar, Guna, MP. Her death declaration was documented.
Trial Court Convicted him under Section 498A IPC. High Court Also upheld Lower Court Decision. After words he moves supreme court and supreme court overturned the decision on the basis of dying declaration of deceased.