SC: Patriarchy fuels dowry deaths; dying declaration enough for conviction

SC: Patriarchy fuels dowry deaths; dying declaration enough for conviction

In Shankar v. State of Rajasthan, the Supreme Court of India upheld the conviction of a husband for murdering his wife by burning her, emphasizing that a credible dying declaration alone can be sufficient for conviction. The victim, before her death, gave a detailed dying declaration before a Judicial Magistrate, clearly stating that her husband poured kerosene on her and set her ablaze. The Court found the declaration to be voluntary, reliable, and recorded when the victim was in a fit mental condition, duly certified by a doctor. Rejecting the accused’s argument, the Court held that hostile witnesses do not weaken the prosecution case if other strong evidence exists. In this case, medical evidence corroborated the injuries and aligned with the victim’s statement, forming a complete chain of proof. Importantly, the Court made strong socio-legal observations, noting that despite strict laws like the Dowry Prohibition Act, domestic violence persists due to deep-rooted patriarchy. It described dowry-related violence as a continuing social “disease,” particularly in rural and semi-urban India. Reaffirming principles under Section 32 of evidence law, the Court held that a trustworthy dying declaration can independently sustain conviction. The appeal was dismissed, and the conviction upheld, reinforcing both legal accountability and the urgent need for societal change.