NDLI: Surendran Vs. State of Kerela

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Evidence Act 1872: s. 32 – Dying declaration – Admissibility of –
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Evidence Act, 1872: s. 32 – Dying declaration – Admissibility of – On facts, suicide attempt by the wife soon after marriage due to harassment and dowry demands of husband and the family members – Settlement between the parties, however, harassment continued and wife committed suicide within two years of marriage – Conviction of husband, his mother and two brothers u/ss. 304B and 498A – Appellate court acquitted the brothers but maintained the conviction of the husband and the mother – However, the High Court acquitted the husband and his mother u/s.304B while upheld their conviction u/s.498A and sentenced accordingly – Husband’s case before this Court that since he was acquitted u/s. 304B, thus, statement of wife could not be relied upon to sustain his conviction u/s. 498A as it would not fall within the ambit of s. 32(1) – Held: U/s. 32, the phrase ‘cases in which the cause of that person’s death comes into question’ is broader than merely referring only to cases where there is a charge of murder, suicide or dowry death – s. 32(1) has been used to admit statements in a case where the charge is of a different nature or even in a civil action – Second part of the s. 32(1) specifies that such statements are relevant ‘whatever may be the nature of proceeding in which the cause of death comes into question – Test of admissibility u/s. 32(1) is that ‘the cause of death’ must come into question in the case regardless of the nature of the case – Purpose for which such evidence is being sought should be a part of the ‘circumstances of the transaction’ relating to the death – Whether the charge relating to death is proved or not is immaterial with respect to its admissibility – On facts, it is not necessary to examine whether the statement of the wife can be admitted u/s 32(1) – Other evidence on record clearly proves the husband’s guilt beyond reasonable doubt – Furthermore, evidence of the mother of the deceased was reliable – Thus, the order passed by the High Court does not call for interference – Penal Code, 1860 – ss. 304B and 498A.
Judge	Honble Mr. Justice N.V. Ramana
Neutral Citation	2022 INSC 566
Petitioner	Surendran
Respondent	State Of Kerela
SCR	[2022] 4 S.C.R. 675
Judgement Date	2022-05-13
Case Number	1080

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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