The court established that a dying declaration, when corroborated, can form the basis of conviction for abetting suicide and domestic cruelty.

ORDER

The appellant/accused passed away during the pendency of this appeal. But the sentence awarded includes sentence of fine and as such the learned counsel for the appellant opted to argue the appeal through Adv. Radhika Rajasekharan.

2. Extensive arguments were advanced firstly on the ground that there is much delay in forwarding Ext.P6 dying declaration alleged to have been given by the victim to PW15, doctor to the court and it was forwarded only after the lapse of in and around nine months. Secondly, on the reason that mere differences that is quite normal in a marital life may not by itself bring the matter within the sweep of Section 306 of IPC though it has resulted in adverse effect on the victim and it should be sufficient to lead the victim to the commission of suicide and the act of the accused must be of the nature within his knowledge that his action would be sufficient to lead the victim to commit suicide. It is fairly submitted that the cardinal ingredient is lacking in the present case. Thirdly, on the reason that a conviction solely on the dying declaration cannot be laid unless there is sufficient corroboration. Fourthly, on the reason that the statement given by PW6 neighbour and PW5, the person who had given the victim in marriage to the accused, are not by itself sufficient to cast criminal liability for the offence under Section

306 of IPC .

3. On coming into the first ground, it is not at all necessary to forward the dying declaration apart from the final report submitted. The usual practice is to produce the dying declaration along with the final report. The mandate under Section 173 (2) Cr.P.C is to produce the evidence collected along with the witness schedule in the final report submitted. It is true that, if any material object or a fact detected requires any expert opinion or scientific study, necessarily it has to be forwarded to the Magistrate concerned without any delay. But that principle cannot be extended to a document or evidence collected in the usual course of investigation. Hence, there is no merits in the submission made by the learned counsel regarding the delay occasioned in the submission of the dying declaration, Ext.P6. It is a document annexed and submitted along with the final report under Section 173 (2) of Cr.P.C.

4. On coming into other grounds, it is worthful to go through the written statement submitted in answer to 313 examination wherein the accused made a statement to the effect that the victim was brought up in Kochi and the language in the island has caused considerable mental disturbance to her. She had consented for the marriage with the accused against her wishes and on the compulsions of her siblings. It is also stated by the accused that she also felt that her family had abandoned her. Her sister had refused to give back her elder child, and that has caused severe mental pain to her. It is also stated by him that his wife was hyper sensitive and responded even for small things, out of proportion. This would clearly reveal that the accused is fully aware of the mental disturbance of his wife and hyper sensitive nature and that she would react out of proportion even for small things.

5. Ext.P6 is the dying declaration proved through the Doctor PW15, who recorded the same. She was well oriented at the time of giving dying declaration and it was certified by the doctor concerned, who recorded it. The sequence of events narrated by her by specifying everything attached and even by disclosing the name of her sister and the mental torture meted out from her husband would reveal that she was conscious and oriented at the time when the declaration was given. The statement – dying declaration made by her specifies the reason under which she had poured kerosene over her body and set fire on her. She was subjected to cruelty continuously by her husband even demanded her to go and commit suicide by unleashing a threat that he will not look after her affairs thereafter and goi