Family members’ evidence in dowry death cases can't be discarded, says Supreme Court

Satya Prakash

New Delhi, April 12

The testimonies of family members of the deceased in a dowry death case can’t be discarded on the ground that they are ‘interested witnesses’, the Supreme Court has ruled.

“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,” a Bench of Justice Dipankar Datta and Justice SVN Bhatti said.

“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,” the Bench pointed out in its April 3 verdict.

Allowing the State of Karnataka’s appeal, the Bench sent the case back to the trial court for deciding afresh if the husband could be convicted of the dowry death of his wife.

The top court gave interim protection from arrest to the accused husband until June 3, when he must appear before the sessions court for bail terms. It also suspended the sentence awarded by the high court until the fresh trial got concluded.

The husband – MN Basavaraja and his family members were charged with murder, cruelty, causing dowry death, and tampering with evidence. The trial court acquitted them.

However, the Karnataka High Court in 2010 upheld the acquittals but convicted the husband of cruelty/domestic violence, leading to the State of Karnataka moving the top court.