HC rejects convict’s appeal, says wife’s dying declarations consistent

CHENNAI: Rejecting the contentions by a man convicted for pushing his wife to kill herself, the Madras High Court held that the three dying declarations that the woman had given to the doctor, police and a judge were consistent, and thus did not require corroboration.

Justice N Anand Venkatesh said this while dismissing a criminal appeal preferred by a man, who was convicted by the Chengalpattu Mahila Court for abetting his wife’s suicide on June 3, 2008. The court found him guilty of the charges under IPC Section 306 (punishment for the abetment of suicide) and Section 498-A (punishment for subjecting the women to cruelty), and awarded him seven years of rigorous imprisonment with Rs 5,000 penalty as well as a two-year jail term to run concurrently.

His advocate argued that the man was convicted solely on the basis of the dying declaration of the deceased without any material corroboration. “..the dying declaration cannot be acted upon without corroboration, more particularly, where it suffers from infirmity,” the appellant’s lawyer contended.

However, the judge pointed out that the victim who immolated herself had given three dying declarations to the doctor who treated her at Government Kilpauk Medical College Hospital, sub-inspector, Chromepet police station who investigated the case, and before the judicial magistrate, Egmore.

In all her statements, the woman had consciously stated that she self-immolated due to the torture by her husband and his parent.

“There are three dying declarations and all these dying declarations were recorded after ascertaining the mental status of the deceased to give a statement by due certification given by the doctor,” the judge pointed out, noting that all three statements were consistent and against the husband.

Dismissed the appeal, the judge added that the trial judge carefully assessed the evidence and had come to the correct conclusion that the offense under Sections 498 (a) and 306 of IPC has been made out against the appellant.