With five key witnesses, including the main complainant turning hostile, things were moving in favour of Akhilesh, who was being tried for killing his wife three years ago — until his four-year-old son appeared in the witness box.
“Mujhe pata hai ki sach baat bolni chahiye, jhoot nahin bolna chahiye. Jhoot bolne se Bhagwan naraaj ho jaate hai… (I know that one should speak the truth and should not tell lies. If one speaks lies, then God becomes angry),” the five-year-old son told the court and confirmed that his father was present in the house on the day his mother was found dead, leading to his conviction.
The case dates back to February 10, 2022, when 32-year-old Savitiri was found dead at her home in the Gabhana area of Aligarh district of Uttar Pradesh. Her brother, Ram Avtar, was informed about her death by her in-laws. He was told that his sister had hanged herself. By the time the police arrived, the body was found lying on the floor. Avtar alleged that his sister, married for 12 years and with three children, was being harassed by her husband and in-laws for dowry. He suspected that she had been killed, prompting the police to seize the body and send it for post-mortem examination.
The autopsy report concluded that the death was caused by strangulation and noted multiple injuries on her body.
Akhilesh was arrested and later released on bail.
During the trial, the defence argued that Akhilesh was not at home on the day of his wife’s death, claiming he was in Madhya Pradesh and returned only after learning about her death. Backed with testimonies of defence as well as hostile prosecution witnesses, the defence counsel told the court that Savitri was a “stubborn woman”, and was upset because Akhilesh had not taken her along with him to Madhya Pradesh.
As the trial continued, five of the 13 witnesses of the prosecution turned hostile. Savitri’s brother, Ram Avatar, on whose complaint Akhilesh was arrested for murder, also turned hostile.
The couple’s eldest son, who was five years old when his mother died, however, remained steadfast.
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He told the court that the night before his mother was found dead, she had made bhindi sabzi, which he, his two siblings, and his parents had for dinner.
“My father goes to Gabhana daily to sell paint. He leaves the house around 5 am and returns by 10 am. The day my mother died, he went to sell paint in Gabhana. That morning after having food, I went to play. When police came in the afternoon, then I came to know my mother had died… The night my mother died, she had cooked bhindi sabzi. I, my brothers, father, and mother all had bhindi sabzi. After having food, I went to sleep. In the morning, I, my father and brothers had the same sabzi. My mother did not eat,” he told the court.
Taking note of the child’s statement, the court, while convicting Akhilesh of murder said in its order on Monday: “The deceased’s son, who appeared as prosecution witness and testified as a child witness, clearly stated that on the night his mother died, she had prepared bhindi sabzi, which he, his father, and his brother had eaten. The leftover curry was also later consumed by him, his brother, and his father. The witness further stated that on the day of his mother’s death, his father had left to sell paint in Gabhana, as he regularly did.”
Noting that the court recorded the testimony of the child witness “after being satisfied with his level of understanding”, it further said: “The defence failed to present any material to challenge the witness’s understanding. Likewise, during cross-examination, the accused could not elicit any contradictory facts from the (child) witness.”
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According to court, the five-year-old’s statement “clearly establishes that the accused, Akhilesh, was not in Madhya Pradesh at the time of the incident but was present at his residence… completely contradicting the testimony of the prosecution’s declared hostile witnesses, who stated that the accused was not present at the scene of the incident… along with the testimonies of defence witnesses.”
Additional District and Session Judge Sanjay Kumar Yadav sentenced Akhilesh, who is in his 40s, to life imprisonment and a fine of Rs 20,000 for murder. The court also directed that a case be registered against Ram Avatar, the main complainant, for “deliberately giving false testimony before the court”.
“The testimony of the five-year-old son confirmed that his father was present in the house, placing him at the scene of the crime around the time of the woman’s death. This testimony played a crucial role in securing the conviction,” Additional District Government Counsel (Aligarh) JP Rajpoot told The Indian Express.
Akhilesh, who was out on bail, was taken into custody after the court’s judgment and sent to jail.
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The son and his two siblings live with their grandmother.
