Madhya Pradesh High Court Criticizes Prosecution in Dowry Death Case
The Madhya Pradesh High Court has delivered a scathing rebuke to the state prosecution, dismissing an appeal against a trial court order that acquitted a man accused of culpable homicide and dowry harassment. The case involved the death of a woman from burn injuries in Panna district, with the court labeling the prosecution's conduct as "intellectually dishonest".
Background of the Case
On May 30, 2020, Kavita Vishwas sustained severe burn injuries at her home in Panna district. According to reports, she spilled hot tea on herself while preparing it. She was immediately rushed to a hospital for treatment but succumbed to her injuries on June 26, 2020. Following her death, her husband, Prakash Vishwas, was accused in the case, with allegations of dowry harassment leading to her demise.
Court's Strong Criticism
In its order dated January 15, a division bench comprising Justice Vivek Agarwal and Justice Ram Kumar Chaube expressed dismay over the prosecution's failure to produce a crucial piece of evidence: the dying declaration recorded by Kavita Vishwas. The declaration, made in the presence of her parents and brother, explicitly stated that no one was responsible for her death, attributing it to the accidental tea spill.
The bench noted, "We are dismayed after perusal of record how intellectually dishonest prosecution can be." They emphasized that the dying declaration was recorded by Deepa Chaturvedi, a naib tahsildar (government official) posted in Panna at the time. The court asserted that it was the prosecution's responsibility to present all evidence, including any contradictions, but they were dishonest in withholding this document.
Key Points from the Judgment
- The prosecution failed to produce the dying declaration, which was recorded by a government official and witnessed by the victim's family.
- The court highlighted that the prosecutor, representing the state, should act fairly by presenting all collected evidence and allowing the court to draw its own conclusions.
- The judges remarked that the appeal appeared to be filed without application of mind, similar to other state appeals against acquittals.
- Despite the court's suggestion to withdraw the appeal, the government counsel stated there were no directions to do so, leading to the dismissal.
Implications and Aftermath
This ruling underscores the importance of procedural integrity in legal proceedings, particularly in sensitive cases like dowry deaths. The High Court's dismissal reinforces the trial court's acquittal, citing a lack of evidence due to the prosecution's omissions. The case has sparked discussions on the need for transparency and fairness in prosecutorial conduct to ensure justice is served without bias or negligence.
