Relatives of dowry death victims not interested witnesses, their testimonies cannot be discarded: Supreme Court

The Supreme Court recently ruled that testimonies of family members of the deceased in dowry death cases cannot be discarded for being interested witnesses [State of Karnataka vs MN Basavaraja and ors]..A bench of Justices Dipankar Datta and SVN Bhatti said that a woman facing harassment due to dowry demands is most likely to confide in her immediate family members and discarding their evidence would mean there would no other reliable witnesses to bring the culprits to book. "A lady facing harassment and cruelty owing to her or her family’s failure to meet dowry demands would more often than not confide in her immediate family members. If the evidence of the family members in a case of dowry death is to be discarded on the ground that they are interested witnesses, we wonder who would be the reliable witness to testify for bringing the culprit to book," the Court observed..The observations came while remitting a case to the trial court for a fresh decision on whether the husband can be convicted for the dowry death of his late wife.A trial court had in 2004 acquitted the husband and his family booked for murder, cruelty, causing dowry death and the disappearance of evidence.The Karnataka High Court had in 2010 upheld the same but convicted the husband for cruelty/domestic violence to his wife, leading to the instant appeal by the State before the apex court. The top court held that all the ingredients for framing of charges for dowry death existed."Quite mindlessly, an exercise appears to have been undertaken to nail the respondents for committing offence punishable under section 302 [murder], IPC overlooking the contents of the police report under section 173(2), Cr. PC suggesting suicidal death," the Court said. However, it reasoned that the husband needs an opportunity of a fair trial with due process so as to rebut the presumption of guilt against him in the matter. The appeal was, thus, allowed and the trial court was directed take the case to its logical conclusion in accordance with law, and arrive at a fresh decision with respect to the accused-husband..The husband was given interim protection from arrest till June 3, when he has to appear before the sessions court for bail terms.The sentence against him imposed by the High Court, that of the period of incarceration already undergone, was suspended till disposal of the fresh trial..Advocate DL Chidananda appeared for the State of Karnataka.Senior Advocate Shailesh Madiyal with advocates Ashwin V Kotemath, KV Bharathi Upadhyaya, Mahesh Thakur, Vaibhav Sabarwal, Anusha R, Mythili Srinivasmurthy, Ranvijay Singh Chandel and Shivamm Sharrma appeared for the accused husband and in-laws of the deceased..[Read Order]