VidhiSangh

Supreme Court of India · 10/02/2025

VASANT @ GIRISH AKBARASAB SANAVALE & ANR. versus THE STATE OF KARNATAKA

[2025] 3 S.C.R. 158 · 2025 INSC 221

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Summary

The Supreme Court upheld the High Court's reversal of acquittal and conviction of the mother-in-law for burning her daughter-in-law to death, on the strength of the dying declaration recorded by the Tehsildar and the oral dying declaration to the doctor, but acquitted the husband because neither declaration implicated him and mere presence, or failure to take her to hospital, does not prove common intention under Section 34 IPC; Section 106 of the Evidence Act could not supply the missing foundational facts.

Issues

  1. Whether the dying declarations recorded by the Tehsildar and made orally to the doctor were reliable and the deceased was in a fit state to make them.
  2. Whether the husband, not named in either dying declaration, could be convicted of murder with the aid of Section 34 IPC on the basis of his presence and alleged failure to save his wife.
  3. Whether Section 106 of the Evidence Act could be invoked against the husband in the absence of foundational facts showing his participation.

Provisions considered

Held

Result

Appeal partly allowed; the High Court's conviction of the mother-in-law (appellant no. 2) affirmed; the husband (appellant no. 1) acquitted of all charges and directed to be released forthwith if not required in any other case.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 158.