Evidence Of Family Members In Dowry Death Cases Can't Be Discarded Saying They Are Interested Witnesses : Supreme Court

The Court noted that if the evidence of family members is discarded on the basis of bias, there would be no reliable witnesses left to testify. The case in question was sent back to the trial court for a fresh decision on whether the husband could be convicted for the dowry death of his wife.

"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.

Initially, the trial court in 2004 had acquitted the husband and his family of charges including murder, cruelty, causing dowry death, and tampering with evidence. In 2010, the Karnataka High Court upheld the acquittal but convicted the husband for cruelty/domestic violence. This led to the State's appeal to the Supreme Court.

The Supreme Court found that all the necessary conditions for charging the husband with dowry death were met, criticizing the lower courts for overlooking evidence suggesting suicide. Despite this, the Court emphasized the husband's right to a fair trial to rebut the presumption of guilt.

As a result, the appeal was allowed, and the trial court was instructed to proceed with the case in accordance with the law, making a fresh decision regarding the accused husband. The husband was granted interim protection from arrest until June 3, when he must appear before the sessions court for bail terms. The sentence imposed by the High Court was also suspended until the fresh trial concludes.

 Case Title : State of Karnataka vs MN Basavaraja and others

Citation :  2024 LiveLaw (SC) 293

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