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Home Various Acts

Criminal Trial —Witnesses — Interested/Partisan witness — Penal Code, 1860 , S. 304-B — interested witnesses  –  Family members 

by PLRonline
August 22, 2022
in Various Acts
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Criminal Trial —Witnesses — Interested/Partisan witness — Penal Code, 1860 , S. 304-B — interested witnesses  –  Family members  –  All other independent witnesses from village have deposed that the deceased was never treated in cruel manner nor any demand of dowry was made –   An application had also been written and signed by more than 20 villagers stating about the innocence of the appellant and his family –  In normal circumstances, in the Indian Society demand for dowry or harassment for the same takes place within four corners of the house – Even the parents or relatives of the girl will not be aware of these, unless they are informed either by the girl herself or demand is made directly to them – The Police Officials or others cannot depose anything about the harassment in connection with demand of dowry in the absence of any complaint or statement made by witness u/s 161 Cr.P.C. Seldom, the villagers-neighbours may come to know of the same –  In this background, statement of family members of the deceased-lady cannot be discarded on the ground that they are relatives and are interested witnesses, till a contradiction is shown in their deposition or cross-examination.

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PLRONLINE 311602

PLRONLINE 311602

Tags: Criminal TrialIPC S. 304-BWitness - Interested witness
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