Supreme Court was required to decide if Mental Illness can be ground for rejecting Dying Declaration given by deceased wife.
In this case, wife had committed suicide by pouring kerosene on herself and setting herself on fire within seven years of marriage.
Before dying, she gave a statement implicating in-laws.
Defence led evidence to prove that:
1) Earlier, there were disputes. Wife had also find maintenance case.
Then a compromise was made and she was taken back.
2) She had mental illnesses and she was taking treatment.
Supreme Court, High Court and Trial Court found that the Dying Declaration was inspiring view in their minds that the dying woman was speaking truth.
They felt that the Dying Declaration was reliable.
Once, dying declaration was found reliable, the court need not look into other evodence.
Further, the suicide was within seven years of marriage. Burden was on in laws to prove their innocence.
Hence the conviction was upheld.
MY VIEW
Mental illnesses are of various kinds. Sometimes wife becomes ill due to cruelty, and depression at house of in laws. Strain of mental illness can be in genes of families also.
If the depression is of higher quantity, suicidal tendency develops.
Such aspects were required to be produced in evidence from husband side.
Proving simple mental illness may not help. Suicidal tendency and severe was ought to be proved.
Then only it can be seen because if suicidal tendency is proved, then conviction can be altered to lesser sentence.
Haresh Raichura
27/5/14
Husband and
