THANU RAM Vs. STATE OF MP

JUDGEMENT

(1.) The Petitioner herein, Thanu Ram, was married to Hirabai (deceased) in 1984. On 24th March, 1988, Hirabai committed suicide in her matrimonial home by sprinkling kerosene upon herself and setting herself on fire. She died in the hospital on 25th March, 1988, having suffered 90-95% burn injuries. Prior to her death, she made a dying declaration to the Naib Tahsildar, J.R. Lahre, who was examined by the prosecution as P.W.9. Dr. K. Vinay Kumar, in whose presence the declaration was made, was examined by the prosecution as P.W.11 to testify that Hirabai was in a fit mental condition to make the dying declaration before P.W.9.

(2.) The Petitioner, his father, Dhanaram, and mother, Lachhavantin, were tried and convicted for the offence punishable under Section 498A and 306 of the Indian Penal Code (IPC) and sentenced to undergo Rigorous Imprisonment for 3 years and 5 years, respectively. In appeal before the High Court, accused Dhanaram was acquitted, while the conviction and sentence of the Petitioner and his mother were confirmed. This Special Leave Petition has been preferred by the husband of the deceased, Thanu Ram, against the said judgment and order of the High Court. For the sake of record, it may be mentioned that the Petitioners mother, Lachhavantin, died in prison while serving her sentence.

(3.) Dr. Rajesh Pandey, learned Advocate for the Petitioner, raised two basic issues in the course of his submissions, namely, (i) whether the offences complained of under Sections 306 and 498A IPC were at all sustainable, and (ii) whether the dying declaration, said to have been made by Hirabai on which the decision of the Courts below was based, could have been relied upon without proper corroboration.