2008 CRI. L. J. 529 ::2008 (2) AJHAR (NOC) 368 (CHH) ::2007 (3) CgLJ 518 ::2007 (2) DMC 869 ::(2007) 3 Crimes 246

Chhattisgarh High Court

Hon'ble Judge(s): Sunil Kumar Sinha , J

(A) Penal Code (45 of 1860) , S.498A— Cruelty by husband - Proof - Statement of mother and aunt of deceased - Regarding treating deceased with cruelty by husband and also regarding his illicit relationship with other co-accused - Said statement which is otherwise covered by hearsay Rule, does not fall within explanations of S. 32 of Evidence Act - Same could not be relied upon for finding guilt of accused u/S. 498-A - Moreso when accused was acquitted of charges under Ss. 304-B and 306, IPC. Evidence Act (1 of 1872) , S.6, S.32— In the present case, except the evidence of mother and aunt of the deceased, regarding treating the deceased with cruelty by husband and also regarding his illicit relations with other accused there is no other legal evidence on record to connect the appellant with commission of offence punishable u/S. 498A. When the appellant and other accused persons were acquitted of the charges framed u/Ss. 304-B and 306, IPC, this evidence of mother and aunt would be categorized as Hearsay evidence, for the purpose of S. 498-A and the conviction of the appellant based upon such evidence being not legal evidence cannot be sustained in the eye of law. More over, after telling like this, the deceased resided for two years in her parents place and thereafter when she went to her in-laws place in the second @page-CriLJ53....