The Supreme Court on Friday said that the importance of evidence of a close relative or a person desirous of becoming a witness should not be dismissed on the ground that he or she has had an association with the deceased or the deceased.The law does not consider him unfit to be produced as a witness.
A bench of Justices SA Nazeer and Krishna Murari made the observation while upholding an order of the Gujarat High Court in which it had convicted a man and his mother under sections 306 (abetment to suicide) and 498A (husband of the woman) of IPC. or cruelty by a relative of the husband) was sentenced to two years imprisonment.
The top court said that often the offense of cruelty to a married woman takes place within the confines of the house, thereby reducing the chances of availability of an independent witness.Therefore, it is not at all unusual for a victim of domestic cruelty to share her pain with her parents, siblings and other close relatives.The bench said that when the court has to allow the testimony of a person desirous of becoming a witness, it has to be very careful in assessing his testimony or in other words the testimony of a person desirous of becoming a witness has to be examined with utmost care and caution. will be needed.
In this case, Guman Singh Chauhan married on April 27, 1997.After marriage, he was demanding on his wife to bring 25 thousand rupees from her father to buy buffaloes.For this he used to beat her and her mother used to quarrel.Frustrated, his wife committed suicide at her in-laws' house on December 14, 1997 by consuming poison.