Regarding witnesses
munna
(Querist) 25 August 2012
This query is : Resolved
who is the primary witness and who is the legal witness?
what is the difference between them?
in 304b case...among 18 witnesses 9 witnesses are the sisters and relatives of the victim and also the relatives of the complainent.
how can the court take the words of those people in to consideration?as it is common that relatives of the complainent will say in favour of the complainent itself.
what about the witnesses of the accused....who r the neighoubers and of theaccused where the incident took place.
plz give a brief answer regarding witnesses and their importance.
Sudhir Kumar, Advocate
(Expert) 25 August 2012
Your tenor is commanding as you say "plz give a brief answer regarding witnesses and their importance"
Each witness is required to speak truth on oath and liable for punitive action if deposing falsely. Each witness is subject to cross-examination by other party.
One witness does not loose competence or importance simply being related to the victim or accused. No witness assumes special importance just because is not related.
Do not forget it is a case of 304B where prosecution has to prove that :-
(i) Marriage was there.
(ii) death was there
(iii)death was within 7 years
(iv) death was not natural
for proving this the sisters of deceased are aware of the facts as they may have attended the marriage and funeral and seen the dead body.
If the family members of deceased could take mercy on you and depose non-demand of dowry you were lucky.
You can use your witness (or cross-examine prosecution witnesses) to break the presumption of dowry death if you can otherwise law is against you.
Devajyoti Barman
(Expert) 26 August 2012
Al are vital witnesses if not controverted.
The nearness of relationship does not make a witness interested witness.
It s version which makes them important.
Among the witnesses only eye witness is most important.
Arun Kumar Bhagat
(Expert) 26 August 2012
Depositions of the neighbours from the side of the bride's matrimonial home as well as her parental home are considered most reliable. Relative witness looses its credibility as their evidence is treated with circumspection and suspicion.
Sudhir Kumar, Advocate
(Expert) 15 September 2012
His other query is at http://www.lawyersclubindia.com/experts/304b-333031.asp
