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 only about the incident involving pouring of kerosene and setting her ablaze. In the second dying declaration, acts of harassment and cruelty were elaborated. The High Court had accepted and relied upon the first dying declaration and rejected the second dying declaration of wife. Only incriminating evidence against the husband appeared in second dying declaration that was discredited. In absence of any other material to sustain conviction of accused, Supreme Court reversed the decision of Madhya Pradesh High Court and acquitted the accused.