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Dying Declaration is not admissible for Conviction under S.498A IPC simpliciter

Bombay High Court has recently acquitted an Accused who challenged his conviction under Section 498A of Indian Penal Code [Subhash Purandas Pawar vs State Of Maharashtra]. Originally he was charged with the Offences under Sections 306 IPC and 498A. He has been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.2000/- for S.498A. He was acquitted of offence under Section 306 of IPC . The Prosecution Case was that the Accused’s wife committed suicide because of his Cruelty with a view to coerce her to meet unlawful demand of Rs.50,000/-. The trial Court considered the evidence which was brought and recorded findings that the prosecution failed to prove that the victim had committed suicide or that the accused had abetted the committing of suicide by the victim. It also held that it was not proved that the Victim was subjected to cruelty of such a nature which would drive her to commit suicide or to cause grave injury to herself. The trial Court, however, held that between April 2001 to 26th December 2001 victim had been harassed by the accused with a view to coerce her to meet unlawful demand of Rs.50,000/-. In support of such findings, trial Court recorded reasons and while trial Court acquitted the accused for offence under Section 306 of IPC, it convicted the accused under Section 498-A of IPC.

Article referred: http://www.livelaw.in/dying-declaration-not-admissible-conviction-s-498a-ipc-simpliciter-bombay-hc/

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