Monday, 9 November 2015

Whether testimony of brother of wife can be disbelieved on the ground that he has not produced any document to show that permission to leave headquarter was granted to him?

Contentions urged assailing credibility of PW-2 do not merit acceptance. PW-2 in his evidence had clearly stated that he had come to Dehradun from Tehri on 7.08.1997 and was in his parents house till 3.00 pm on 10.08.1997 when he left for the hotel. PW-2 clearly explained the reason for his stay at hotel stating that distance of his father’s house from Dehradun bus stand is 4-5 kms. and as he wanted to settle the matter with the in-laws of his sister-Archana about their additional demand of dowry for Rs.5,00,000/-, he left his home to the hotel with his luggage at 3.00 o’clock perhaps to settle the matter with in-laws of Archana and in order to save time to take the bus on the night of 10.08.1997, PW-2 might have stayed in the hotel at Dehradun. In his evidence, PW-2 clearly stated that he had taken permission to be away from Tehri from 07.08.1997 to 10.08.1997 and that he took leave from 11.08.1997 for three-four days to go to Bombay in connection with his wife’s treatment in Bombay. PW-2’s evidence that he met Archana at their parental home on 09.08.1997 and that Archana informed him about the demand of Rs.5,00,000/- and cruelty meted out to her and that he proceeded to the house of the appellants to settle the dispute amicably is quite natural and inspires confidence. PW-2 acted like a loving brother and probably he did not want to give tension to his old parents and on seeing the urgency of the matter, went to the appellants’ house to convince them. By perusal of evidence of PW-2, it is seen that he remained consistent throughout his cross-examination and nothing substantial was elicited to discredit his version. Merely because PW-2 has not produced documents showing the permission granted to him to be away from the headquarters Tehri from 07.08.1997 to 10.08.1997, version of PW-2 cannot be doubted. The reasons stated by PW-2 for his stay in hotel is quite convincing and the contention assailing the credibility of PW-2 was rightly rejected by the trial court and the High Court.
Supreme Court of India
V.K.Mishra & Anr vs State Of Uttarakhand & Anr on 28 July, 2015
Citation; AIR 2015 SC3043


Bench: T.S. Thakur, R.K. Agrawal, R. Banumathi
Read full judgment here; click here
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