MUMBAI: The Bombay high court has said that an affidavit filed in favour of an accused by a neighbour in an anticipatory bail hearing "amounted to tampering with evidence". Justice Sadhana Jadhav said the "practice of filing such affidavits is deprecated as it hampers the process of investigation" and "amounts to tampering of evidence".
In February, after a woman hanged herself, the Kandivli police registered a case against her mother-in-law Sakuran Jamalluddin Gori (65) and a couple of other people for cruelty and abetment to suicide. Gori and her two sons moved the HC for pre-arrest bail. They were granted interim protection, but on April 5, the prosecutor said the post-mortem report, which was received later, revealed that there were injury marks, along with ligature marks, on the neck to indicate the woman was assaulted prior to her death.
Denying any assault, Gori's lawyer said the daughter-in-law had killed self as she "suffered from mental imbalance". To support the claim, he submitted an affidavit by a medical student, Shrirampal, a resident of the same building. The student said the inquest panchanama was conducted in her presence and the presence of a lady constable and that there were no injury marks on the body. The prosecutor said the medical student was not a state witness but had "participated in the proceedings only to protect the interest of the applicants". The HC agreed, but said "at this stage no action is being taken against Shrirampal as she happens to be a medical student with a bright career.''
Gori also denied the dowry accusations. Her lawyer said "it was not necessary for them to demand money from their daughter-in-law for a flat" as they are "financially strong and own five flats and four shops". On the mother-in-law's plea that she was old and ailing and with the two brothers-in-law offering to surrender, the HC granted her protection from arrest and dismissed the plea of the other two as withdrawn.
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