LAW FOR ALL

Sec. 306 and 498 A IPC - Women committed suicide with in 7 of marriage - Dying Declaration - mental treatment was not considered was the plea of defence - Apex court held that In case the dying declaration could be disbelieved for any reason, this Court would have thought it just and appropriate to enter into other circumstantial evidence like the defence case that the deceased Shobha committed suicide due to her mental ill-ness. In the wake of dying declaration recorded primarily after the incident and the witnesses who had arrived at the scene of occurrence corroborating the prosecution case, we see no further need to probe the evidence merely to accept the defence case that the reason for the death of Shobha was due to her mental ill-ness ignoring the version given out in the dying declaration when the deceased was conscious and in a fit state of mind to get her statement recorded which finally became a dying declaration after her death. The prosecution case being fully supported by the dying declaration which do not suffer from any blemish or infirmity supported by medical evidence and evidence of other witnesses corroborating the prosecution case, we do not consider that it is not a fit case for interference. = RAVINDRA TRIMBAK PATIL ..Appellant Versus STATE OF MAHARASHTRA ..Respondent= 2014 (April. Part)http://judis.nic.in/supremecourt/filename=41479