The court’s observation came while granting bail to a man accused in dowry death case of his daughter-in-law, who committed suicide allegedly due to demands and harassment by her in-laws.
Justice J.R. Midha granted bail to Bishan Dass Durga who has been in custody since Nov 13 last year along with his wife and three sons including Gaurav, the husband of the deceased Payal.
The court in a recent judgement observed that testimony of the family of victims are often “coloured” with the loss they suffered due to sudden death of the woman.
“This court further observed that normally in-laws are convicted on the testimonies of parents of the girl who, in a fit of anger or because they had lost their daughter, are not prepared to believe that their daughter could commit suicide for any other reason,” Justice Midha said.
The court also opined that the testimony given by the complainant in such cases is not a normal testimony.
“The deceased’s father and other family members who deposed in the court testified after the death of their daughter and their testimony is coloured with the loss they suffered due to the sudden death of the daughter little realizing that she committed suicide not because of dowry demands but could be because of her fragile and sensitive nature,” the court said.
On Nov 12, 2012, Payal committed suicide by handing herself. Her parents alleged harassment and dowry demand by her mother-in-law and husband.
The woman’s family alleged that money and gifts were demanded within 10 to 15 days of marriage and a separate house and Renault Duster was also demanded for son-in-law.
However, Durga contended Payal and Gaurav had a love marriage and she was insisting Gaurav to live separately from his family.
He added that Gaurav agreed for live with her in another place but took some time for that and Payal committed suicide because of her sensitive nature.
The court granted Durga bail on a personal bond of Rs. 1 lakh and surety of same amount saying there is no possibility of him influencing any witness since the statements of the six material witnesses have already been recorded by the trial court.
On May 1, 2013, police filed the charge sheet after investigation against Durga, his wife and three sons.