A Mainpuri district court sentenced a mother-in-law to life in jail for a brutal dowry death, with the victim’s dying declaration playing a key role in the conviction.
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AGRA: In a recent case that highlights the ongoing threat of dowry-related violence in India, a district court in Uttar Pradesh’s Mainpuri has sentenced a 60-year-old woman, Sabina Begum, to life imprisonment for the murder of her daughter-in-law, Asma Begum, who was set burning in December 2022 over additional dowry demands.
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Asma Begum, just 25 years old at the time of her death, was married to Alamgir (30), a resident of Mahmood Nagar in Mainpuri, on May 29, 2022. According to the victim’s father, Rashid Khan of Hussainpur village in Elau, Asma faced continuing harassment from her husband, mother-in-law Sabina, and father-in-law Gulab Khan for more dowry just months after her wedding.
Despite family efforts to mediate and maintain peace, the harassment culminated in a horrific act: Asma was allegedly set on fire by her in-laws on December 10, 2022. She was rushed to Saifai Hospital, where she later succumbed to her injuries. However, before dying, she provided a powerful dying declaration.
District court judge Pankaj Kumar Agrawal, who presided over the case, convicted Sabina Begum after evaluating compelling witness testimonies and the dying declaration given by Asma. Based on these, the court handed down a life sentence to Sabina.
District government counsel Pushpendra Chauhan noted that although all three, Alamgir, Sabina, and Gulab Khan, were initially arrested, Gulab Khan was later dropped from the case due to lack of sufficient evidence. Alamgir, Asma’s husband and one of the main accused, died of illness in jail during the trial proceedings.
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Dying Declaration
The doctrine of dying declaration is rooted in the Latin maxim “Nemo Moriturus Praesumitur Mentire”, which means a person will not meet their maker with a lie in their mouth. It is based on the belief that a person on the verge of death is unlikely to lie, making such statements inherently trustworthy.
Dying declaration is dealt with under Section 32(1) of the Indian Evidence Act, 1872 which is now replaced by Section 26(1) of the Bharatiya Sakshya Adhiniyam, 2023.
A dying declaration is a statement made by a person about the cause or circumstances of their likely death, believing it to be imminent. It serves as a key exception to the hearsay rule under evidence law. Despite hearsay generally being inadmissible, such statements are accepted as evidence, even if the person was not certain of dying at the time.
These declarations may be oral, written, or expressed through gestures, and hold significant value in cases where the cause of death is in question.
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Principles of Dying Declaration:
- Exception to Hearsay: Normally inadmissible, hearsay is allowed when it relates to the declarant’s death.
- Truth Presumption: It is assumed that a dying person speaks the truth due to the seriousness of the situation.
- No Death Expectation Needed: Admissibility does not require that the person expected to die while making the statement.
- Applies in All Proceedings: It can be used in both civil and criminal cases where the cause of death is in question.
- Flexible Form: Can be oral, written, or even expressed through gestures.
- Limited to Cause of Death: Must directly relate to the cause or circumstances of the death.
- No Oath Necessary: The statement is admissible even if not made under oath.
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