
Panna, Madhya Pradesh: The Madhya Pradesh High Court has sharply criticized the state government and the prosecution for mishandling a dowry death case, calling their approach “intellectually dishonest.” A bench comprising Justice Vivek Agrawal and Justice Ram Kumar Chaube dismissed the state’s appeal challenging the acquittal of a husband accused of dowry harassment and involuntary manslaughter.
Incident Background
The case dates back to May 30, 2020, when Kavita Vishwas accidentally suffered burns after spilling hot tea on herself at home. She was hospitalized and later succumbed to her injuries on June 26, 2020. Prior to her death, Kavita had recorded a statement explicitly stating that her injury was accidental and that no one else was responsible for it. Despite this, a case was filed against her husband, Prakash Vishwas, alleging dowry harassment and culpable homicide.
High Court’s Observations
The court expressed deep disappointment at the prosecution’s failure to present Kavita’s pre-death statement, which was recorded by Deputy Tehsildar Deepchand Chaturvedi in the presence of her parents and brother. “It is astonishing how intellectually dishonest the prosecution can be. The burden to highlight inconsistencies was on the prosecution. By not submitting the pre-death statement recorded by a government officer, the prosecution acted in bad faith,” the bench remarked.
Prosecution Must Be Fair and Impartial
The judges emphasized that as representatives of the state, the prosecution is obligated to present all evidence collected during the investigation fairly, allowing the court to draw its conclusions. The court noted that the deceased’s relatives, who were the complainants in the dowry death case, were present when the statement was recorded and had acknowledged its contents.
Appeal Dismissed as Ill-Conceived
The bench further observed that, similar to other appeals filed against acquittals, the current appeal was filed without proper consideration. The court even suggested that the government lawyer consider withdrawing the appeal, but the lawyer stated that they had received no instructions to do so.
This ruling underscores the High Court’s insistence on fair prosecution and careful judicial review, particularly in sensitive cases such as alleged dowry deaths.
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