'Jhoot bolne se Bhagwan naraaj ho jaate hai': How a 5-year-old's testimony led to father's conviction in mother's murder case

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A man named Akhilesh was convicted of murdering his wife in Uttar Pradesh's Aligarh after his five-year-old son confirmed that Akhilesh was present in the house on the day when his wife, Savitiri was found dead.

"Mujhe pata hai ki sach baat bolni chahiye, jhoot nahin bolna chahiye. Jhoot bolne se Bhagwan naraaj ho jaate hai," the accused's son said, while giving the testimony, that eventually led to the conviction of his father.

On February 10, 2022, 32-year-old Savitiri was found dead at her home in Aligarh. Her in-laws informed her brother Ram Avtar of her death and said that she had died by suicide by hanging herself.

Reports said that when the police arrived, Savitiri's body was found lying on the floor. Ram Avtar alleged that his sister, who had been married for 12 years and had three children, was being harassed by her husband and in-laws. He suspected that she had not killed herself but had been murdered. This had prompted the police to send the body for post-mortem examination.

The autopsy report had revealed that Savitiri's death was caused by strangulation and noted multiple injuries on her body. Following that, Akhilesh was arrested and later released on bail.

Before Akhilesh's son testified in court, the case was going well for him as he had five witnesses to back his story - including the main complaintant who reportedly turned hostile.

“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,” Akhilesh's son told the court.

"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," the court observed, basis the testimony of the child.

The court said that 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.”

Akhilesh was then sentenced to life imprisonment and a fine of Rs 20,000 for murder. The court also said that a case be registered against Ram Avatar, who was the main complainant, for “deliberately giving false testimony before the court”.