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Supreme Court of India · 16/12/2022

RAJARAM versus STATE OF MADHYA PRADESH & ORS

[2022] 16 S.C.R. 99 · 2022 INSC 1296

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Summary

A woman with a disability was doused with kerosene and set on fire by two sisters-in-law, and died later. Her husband, the appellant, was convicted of cruelty under Section 498A IPC along with other in-laws. The Supreme Court acquitted him. In her first dying declaration, recorded by a Naib Tehsildar, she named only the sisters-in-law who set her on fire and said her husband was away; he in fact took her to hospital. Only a later police statement named him among those who taunted and beat her for dowry. The High Court had rejected that statement as unsafe, because it recorded that her condition was very bad. Her relatives turned hostile, and the recovered articles concerned only the burning.

Issues

  1. Whether the husband's conviction under Section 498A IPC could be sustained where the only evidence naming him was a second dying declaration recorded by the police, which the High Court itself had disbelieved.

Provisions considered

Held

Result

Criminal Appeal No. 2311 of 2022 allowed without costs; the Madhya Pradesh High Court (Gwalior Bench) judgment dated 18.04.2022 in CRA No. 148 of 2011 and the appellant's conviction and sentence under Section 498A IPC set aside.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 99.