Evidence Act, 1872–Sec. 32(1)–Penal Code, 1860–Sec. 498-A–Acquittal by the High Court from the offence u/s. 304-B by maintaining the conviction u/s. 498-A–Whether the dying declaration of the deceased could be relied on for the purpose of conviction u/s. 498-A?–Held, yes, in some circumstances, the evidence of deceased-wife with respect to cruelty could be admissible in a trial for the charge u/s. 498-A subject to that the following pre-conditions must be met that the evidence is admitted-
(i) her cause of death must come into question in the matter,
(ii) the prosecution will have to show that the evidence that is sought to be admitted with respect to Sec. 498A must also relate to the circumstance of the transaction of the death.
