In Brief
A woman was set on fire by family members and died of burn injuries. The husband (appellant) was convicted of cruelty under Section 498A IPC based on her dying declaration. The Supreme Court allowed his appeal, holding that the only evidence of cruelty was a dying declaration (Ex. P-26) that the High Court itself had rejected as unreliable. Since the discredited declaration was the sole evidence against the appellant for cruelty, conviction could not stand. The Court clarified that dying declarations need not be recorded by magistrates nor require mandatory medical certification—only that the recorder be satisfied the deceased was mentally fit. Appeal allowed; conviction set aside.
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