The judgment establishes the principle that the offence of cruelty under Section 498-A of the IPC requires clear and consistent evidence, and the evidentiary value of a dying declaration must be carefully scrutinized.

Anand Byrareddy, J.

1. Heard the learned Counsel for the appellant and the learned Additional State Public Prosecutor. The present appellant is accused 1. The allegations the present appellant and his mother, who was arraigned as accused 2, was that the appellant had married Kaveri about four years prior to the date of the complaint. Their matrimonial home was at Muniyal Village. Accused 1, had secured employment at Mudalgi and therefore, he had taken a house on rent at Laxmi Nagar, Mudalgi, and he were living there with his wife. Accused 2, the mother of the appellant had also joined them in their matrimonial home. It was the allegations that both accused 1 and 2, used to harass Kaveri and ill-treat her and subjected her to cruelty to fetch more dowry and were also suspecting her chastity. It is in this background, that unable to bear the constant cruelty meted out to her, she had committed suicide on 24-12-2007, by setting herself on fire. On the basis of the complaint lodged by the father of Kaveri, proceedings were initiated against the present appellant and his mother, and a case was registered in Crime No. 1 of 2008. After investigation, the accused were charge-sheeted alleging the offences punishable under Sections 498-A and 306 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC', for brevity). They were arrested and remanded to custody. After completion of investigation, the matter was committed to the Court of Sessions and a case was registered as S.C. No. 103 of 2008. The accused having pleaded not guilty and having claimed to be tried, the prosecution had examined 16 witnesses as P.Ws. 1 to 16, and produced 17 documents, which are marked as Exs. P.1 to P.17, apart from Material Object M.O. 1. The Court below after having recorded the statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to 'Cr. P.C', for brevity) and after having heard the rival arguments, had framed the following points for consideration:

(i) Whether accused 1 being the husband of deceased Kaveri, having married her about 4 years prior to her death, brought her to Mudalgi and started living with her in a rented house at Laxmi Nagar and started ill-treating her by subjecting her to cruelty and used to harass her by assaulting her very often by raising objection to her every work and further suspecting her chastity and further having consumed liquor used to assault her thereby subjected her to both physical and mental cruelty which is of such a nature as is likely to commit suicide or to cause hurt to her person, thereby accused 1 has committed an offence as alleged against him?

(ii) Whether the prosecution has further proved beyond doubt that, Kaveri wife of accused 1 committed suicide by setting fire on herself in the house of accused 1 at Laxmi Nagar, Mudalgi on 24-12-2007 at about 8.30 p.m. and she committed suicide because of the willful conduct of harassment and ill-treatment towards her by accused 1, thereby accused 1 has abated commission of suicide by his wife Kaveri, thereby committed an offence as alleged against him?

(iii) Whether the prosecution has further proved beyond doubt that whether accused 2 being the mother of accused 1 has also subjected the deceased Kaveri to cruelty by harassing her and ill-treatment abated Smt. Kaveri wife of accused 1, to commit suicide on 24-12-2007 in the house of accused 1, thereby accused 2 has committed an offence punishable under, Sections 498-A and 306 read with Section 34 of IPC?

(iv) For what order?

2. The Court below has answered point No. 1, in the affirmative and point Nos. 2 and 3 in the negative and had convicted accused 1, of the offence punishable under Section 498-A of IPC and acquitted him of the offence punishable under Section 306 of IPC and acquitted accused 2, of the offences punishable under Sections 498-A and 306, read with Section 34 of IPC, and sentenced the accused 1-appellant herein to undergo