IMPORTANT POINTS
Dying declaration – In some circumstances, evidence of a deceased wife with respect to cruelty could be admissible in a trial for a charge under Section 498A of IPC under Section 32(1) of Evidence Act.

JUDGMENT :

N.V. RAMANA, CJI.

1. The instant appeal, by way of special leave, is directed against judgment dated 12.09.2018 passed by the High Court of Kerala in Criminal Revision Petition No. 1801 of 2006, whereby the High Court partly allowed the Revision Petition filed by the appellant-husband (accused no. 5). By way of the impugned judgment, the High Court has set aside the concurrent findings of conviction of the courts below and acquitted the appellant under Section 304B of the Indian Penal Code [for short ‘the IPC’] while confirming his conviction under Section 498A of the IPC. The High Court has further modified the sentence imposed on the appellant to rigorous imprisonment for one year.

2. The conspectus of the facts necessary for the disposal of the appeal are as follows: the appellant married the deceased on 09.04.1995. After the marriage, the deceased resided with the appellant and his family members at their matrimonial home. It is alleged that the appellant, along with his family members, started harassing the deceased soon after the marriage and was demanding additional dowry. Allegedly, the deceased attempted suicide by consuming Benzyl Hexa Chloride powder on 11.02.1996 due to the mental harassment by the accused persons. Fortunately, she was able to recover after treatment at the Government Hospital, Palakkad. Subsequent to this incident, mediation between the parties took place and a settlement was reached between the parties whereby the deceased continued to reside at the house of the accused. Despite the above agreement, it is alleged that the harassment continued and the deceased committed suicide by hanging on 21.10.1996, at her own home.

3. The prosecution charged the appellant, his parents and his two brothers under Sections 304B and 498A of the IPC. Pending trial, the appellant’s father passed away. The Trial Court, after examining all the witnesses and perusing the documents produced by the prosecution and defence, convicted the accused persons under Sections 304B and 498A of the IPC. Vide judgment dated 12.05.2006, the Appellate Court acquitted the appellant’s brothers of both the offences. However, the conviction and sentence against the appellant and his mother was confirmed.

4. Aggrieved, the appellant and his mother filed the Criminal Revision Petition before the High Court of Kerala. As already mentioned above, vide the impugned judgment, the High Court partly allowed the revision petition and acquitted the appellant and his mother under Section 304B of the IPC while confirming their conviction under Section 498A of the IPC. The High Court, however, reduced the sentence imposed on the appellant to rigorous imprisonment for one year, and, that of his mother to rigorous imprisonment for one month. The appellant’s mother has not filed any appeal before this Court.

5. The main thrust of the submissions made by the learned counsel for the appellant are twofold. First, that the suicide note and other statements made by the deceased cannot be relied upon by the Court for convicting him under Section 498A of the IPC as they do not fall within the scope of Section 32(1) of the Indian Evidence Act, 1872 (for short ‘the Evidence Act’). Second, that the evidence of PW3 (mother of the deceased) is contradictory and cannot be relied upon to convict the appellant. On the strength of the above two arguments, the learned counsel for the appellant attempts to persuade this Court that there is no credible evidence to convict the appellant under Section 498A of the IPC, and therefore, he should be acquitted of the same.

6. On the other hand, the learned counsel for the respondent-State submits that there are three concurrent finding of facts by the Courts below which do not merit any interference by this Court in exercise of its jurisdiction under Article 136 of the Constitution of India. Learned counsel for the State also submits that there is sufficient evidence on record to make out a clear case for convicting the appe