Husband cannot be convicted for matrimonial cruelty when among the multiple dying declarations recorded, one elaborating acts of cruelty by husband was discredited by the Court.
The prosecution case against the husband was of setting his wife on fire, after prolonged harassment and cruel treatment. After wife was admitted to the hospital for treatment, two statements were recorded; one by Naib Tehsildar and other by the police. In the first dying declaration, the wife has disclosed