The Court of the Additional District and Session Judge in Aligarh has convicted and sentenced a man, Akhilesh, to life imprisonment for the murder of his wife, Savitiri. The judgment is notable as the conviction was secured primarily on the testimony of the couple’s young son, who was five years old at the time of the incident. The court found the child witness’s account credible and sufficient to establish the accused’s presence at the scene, thereby rejecting the testimonies of five prosecution witnesses who had turned hostile, including the original complainant.
Background of the Case:
The case originates from an incident on February 10, 2022, when Savitiri, aged 32, was found deceased at her residence in the Gabhana area of Aligarh district. Her brother, Ram Avtar, filed a complaint after being informed by her in-laws that she had died by hanging. Upon arrival, police found the body lying on the floor. Mr. Avtar alleged that his sister, who had been married to Akhilesh for 12 years and had three children, was a victim of dowry harassment by her husband and in-laws, leading him to suspect murder.
A post-mortem examination was conducted, and the autopsy report concluded that the cause of death was strangulation, also noting the presence of multiple injuries on the body. Consequently, a case was registered, and the deceased’s husband, Akhilesh, was arrested. He was later released on bail pending trial.
Arguments of the Parties:
During the trial, the prosecution’s case faced a significant setback when five of its thirteen witnesses turned hostile. This included Ram Avtar, Savitiri’s brother, on whose complaint the entire investigation was initiated.
The defence counsel advanced the argument that Akhilesh was not present at his home on the day of his wife’s death. It was claimed that he was in Madhya Pradesh and had only returned after receiving news of the incident. The defence further submitted that the deceased, Savitiri, was a “stubborn woman” and was upset with Akhilesh for not taking her with him to Madhya Pradesh. This line of defence was supported by the statements of defence witnesses and the prosecution witnesses who had turned hostile.
Court’s Analysis:
The pivotal point in the trial was the testimony of the deceased’s eldest son, who appeared as a child witness. Before recording his statement, the court satisfied itself regarding the child’s capacity to understand and testify truthfully. The child stated to the court, “Mujhe pata hai ki sach baat bolni chahiye, jhoot nahin bolna chahiye. Jhoot bolne se Bhagwan naraaj ho jaate hai… (I know that one should speak the truth and should not tell lies. If one speaks lies, then God becomes angry).”
The child witness testified that on the night preceding his mother’s death, she had cooked ‘bhindi sabzi’ (okra curry), which was consumed by him, his siblings, and both his parents. He further stated that his father, Akhilesh, was present at home on the morning his mother was found dead. The witness recounted, “After having food, I went to sleep. In the morning, I, my father and brothers had the same sabzi. My mother did not eat… The day my mother died, he went to sell paint in Gabhana. He leaves the house around 5 am and returns by 10 am.”
In its judgment, the court placed significant weight on this testimony. The order stated, “The deceased’s son, who appeared as prosecution witness and testified as a child witness, clearly stated that on the night his mother died, she had prepared bhindi sabzi, which he, his father, and his brother had eaten. The leftover curry was also later consumed by him, his brother, and his father. The witness further stated that on the day of his mother’s death, his father had left to sell paint in Gabhana, as he regularly did.”
The court observed that the child’s statement “clearly establishes that the accused, Akhilesh, was not in Madhya Pradesh at the time of the incident but was present at his residence.” It found that this evidence “completely contradicting the testimony of the prosecution’s declared hostile witnesses, who stated that the accused was not present at the scene of the incident… along with the testimonies of defence witnesses.” The court also noted that the defence was unable to elicit any contradictory facts during the cross-examination of the child witness or present material to challenge his understanding.
Decision of the Court:
Based on the analysis, Additional District and Session Judge Sanjay Kumar Yadav found Akhilesh guilty of murder. He was sentenced to life imprisonment along with a fine of ₹20,000. Akhilesh, who had been out on bail, was immediately taken into custody following the pronouncement of the judgment.
Furthermore, the court directed that a case be registered against the main complainant and the deceased’s brother, Ram Avtar, for the offence of perjury for “deliberately giving false testimony before the court”.
Commenting on the verdict, Additional District Government Counsel (Aligarh), JP Rajpoot, stated, “The testimony of the five-year-old son confirmed that his father was present in the house, placing him at the scene of the crime around the time of the woman’s death. This testimony played a crucial role in securing the conviction.” The three children of the deceased and the convict are reportedly living with their grandmother.
