Thanu Ram Vs. State of M.P.
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Head Note
Indian Penal Code,1860 - Section 498-A , Section 306 , The Indian Evidence Act, 1872 - Section 113-A
Bride committing suicide in 4th years of her marriage in her matrimonial home by sprinkling kerosene upon herself and setting herself on fire - Deceased was pregnant for 6 months - Accused (husband and his mother) convicted under Section 498A and 306 Indian Penal Code and sentenced to RI for 3 years and 5 years respectively - Conviction upheld - Held - 1. Ordinarily, a woman in an advanced stage of pregnancy would not commit suicide even when treated with cruelty - It is only in extreme circumstances that a woman may decide to take her life and that of her unborn child when she reaches a point of no return and is in a mental state to take her own life. 2. In the dying declaration the deceases stated clearly that she had been treated with both mental and physical cruelty - There was no reason to disbelieve - There is no ambiguity or irregularity. 3. If the degree of cruelty is such as to warrant a conviction under Section 498-A Indian Penal Code, the same may be sufficient for a presumption to be drawn under Section 113-A of the Evidence Act in harmony with the provisions of Section 107 Indian Penal Code.
The Indian Evidence Act, 1872 - Section 32
Dying declaration - Evidentiary value - A dying declaration has to be treated with caution, since the accused does not get a chance to cross-examine the victim.
Topic(s)-Dying Declaration , Evidentiary Value