Wife’s Brief Statement In Form Of Dying Declaration Is Itself A Guarantee Of Its Veracity: Gujarat HC Reverses Husband’s Acquittal In 1992 Abetment Of Suicide Case

The Gujarat High Court while relying upon the dying declaration, reversed the acquittal of a husband who was accused of committing abetment of suicide of his wife in the year 1992.

The Court was deciding a criminal appeal filed by the State against the judgment of the Trial Court by which the accused was acquitted for the offence punishable under Sections 498(A), 306, and 504 of the Indian Penal Code (IPC).

A Single Bench of Justice Nisha M. Thakore remarked, “… the Court is left with the evidence of the deceased herself in the form of her dying declaration. The statement of the deceased in the form of dying declaration which has been brought on record by the prosecution though does not contain details of the past incidents; however, merely because it is a brief statement is itself a guarantee of its veracity.”

The Bench took note of the fact that the independent witnesses which included the relatives as well as the neighbours of the deceased, have turned hostile and have not supported the case of the prosecution.

APP Monali H. Bhatt appeared on behalf of the appellant/State while Advocate Hardik K. Ravan appeared on behalf of the respondent/accused.

Facts of the Case -

As per the prosecution case, in the year 1992, while the deceased (wife) with her husband (respondent/accused) had arrived at her home, she had reacted to her husband complaining to him about his conduct to attend the work of other people and keeping the work of their own field unattended, the accused got enraged and had allegedly started using filthy language against her and had also slapped her. He also allegedly uttered bad words against her character while she goes to her parental house and had threaten her by saying that if she utters a word further, he would inflict her with an axe. By such conduct of the husband, the deceased was in tears. The accused had moved out of the house and while he was sitting in Veranda, the deceased allegedly poured Kerosene over her whole body from small bottle and set herself on fire. Upon hearing her screams, the persons in the neighbourhood came to rescue her and had tried to douse the fire.

Since no vehicle was available during the night hours, the deceased was not taken to the hospital and in the early morning, by a rickshaw, she was shifted to the Government Hospital. The deceased had suffered burn injuries and during the treatment, her dying declaration was recorded before the Executive Magistrate before whom she stated that since her marriage, the accused has always treated her with cruelty by beating her and by suspecting on her character while she was away at her parental house. She further stated that because of his harassment, she poured Kerosene and set herself on fire. She had expressed before the Magistrate that she was brought to the Hospital by her husband. She had also maintained that she was married and had two children and her husband frequently beat her and her children.

The High Court in view of the facts and circumstances of the case, observed, “… submissions of the deceased points the guilt of the accused having accepted the aforesaid two statements as dying declarations in light of Section 32 of the Indian Evidence Act. This Court is required to undertake the appreciation of the statement of the deceased as regards the offence of cruelty alleged. In her statement recorded by the Police Head Constable as well as by the learned Executive Magistrate, the deceased has clearly in her brief statement indicated that she herself and both children were meted with physical and mental harassment at the hand of the respondent-accused.”

The Court added that, though the deceased has not suggested any past incident in her brief statement, the fact remains that she had taken such extreme step to commit suicide within marriage span of less than seven years i.e. five years.

“Section 113 (A) of the Indian Evidence Act, permits the Court to raise presumption that the husband or the relatives of the husband had subjected the deceased to cruelty as defined under Section 498(A) of the I.P.C. However, this does not shift the burden on the prosecution to show the evidence of cruelty and continuous harassment in that regard”, it further noted.

The Court said that in absence of any inconsistency being noticed, the Supreme Court in different situations had an occasion to consider the declaration to establish the guilt of the accused.

“The Hon’ble Supreme Court has held that if dying declaration is found to be true and inspire confidence, the sole evidence can also be basis of recording conviction. The case on hand is therefore, required to be examined in light of the aforesaid two statements. Upon bare comparison of the aforesaid two statements of the deceased, though in a brief narration the deceased, who was otherwise on the deathbed has reiterated about the physical and mental harassment given by the respondent-accused”, it also observed.

The Court concluded that the Sessions Judge committed serious error in recording acquittal, and therefore, the appeal deserves consideration.

Accordingly, the High Court allowed the appeal, quashed the impugned judgment, and reversed the acquittal of the husband.

Cause Title- State of Gujarat v. Chhaganbhai Kaliyabhai Bhabhor

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