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Supreme Court of India 2022-05-13 dismissed

SURENDRAN vs STATE OF KERALA

Bench: 3 — N.V. Ramana, A.S. Bopanna, Hima Kohli

In Brief

A man was convicted under Section 498A (dowry cruelty) but acquitted under Section 304B (dowry death) by the High Court after his wife's suicide. He argued that statements of the deceased wife could not prove the 498A charge since he was acquitted of the death charge. The Supreme Court held that evidence of a deceased person under Section 32 of the Evidence Act can admit statements relating to cruelty even if the death charge fails, provided the cause of death comes into question and the evidence relates to the transaction resulting in death. Admissibility is determined when evidence is received, not by eventual trial outcome. The Court upheld the conviction, finding sufficient independent evidence of harassment despite the settlement, and overruled four earlier judgments to the extent they held otherwise.

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Evidence Law Criminal Procedure Dowry and Cruelty Admissibility of Dying Declarations Section 498A IPC Section 32 Evidence Act Hearsay Rule and Exceptions

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