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The Guardian - UK
The Guardian - UK
World
Amrit Dhillon in New Delhi

Testimony of boy who witnessed mother’s murder leads to life sentence in India

A protest rally after a woman was allegedly murdered by her in-laws for dowry in Beawar, India in October 2021.
A protest after a woman was allegedly murdered by her in-laws for dowry in Beawar, India in October 2021. The National Crime Records Bureau of India said more than 7,100 dowry deaths were recorded in 2019. Photograph: Sumit Saraswat/Pacific Press/REX/Shutterstock

The testimony of an Indian child who witnessed his father and grandparents murder his mother in the living room of his home when he was four years old has led to their imprisonment for life.

A court in Aligarh sentenced the boy’s father, Ashok Singh, and his paternal grandparents, Munnalal and Savitri Singh, for the murder of Sadhna Singh in 2015 in a dispute over a dowry payment.

The case against the accused was strong. There was Sadhna’s dying declaration to the police while she lay in hospital with almost 100% burns. “Only her face remained,” said Amar Singh Tomar, a district government counsel.

“Luckily, the doctors rushed to get the police to her bedside in time for her to give a statement accusing her husband and in-laws of setting her on fire, Tomar said. “She died minutes later.”

There was also evidence from her parents, who are farmers, who told the court she had been tortured and beaten at her home in Aligarh, Uttar Pradesh. They said her husband and in-lawshad been hitting her, telling her to get a motorbike and £1,000 from her parents.

The most harrowing testimony of all was a statement by the boy, who is named Aryan and now aged 11, who witnessed his mother’s agonising death. His elder sister, aged six, was not in the house at the time and the killers made the “mistake” of not moving Aryan into another room.

By the time the case came to trial in 2020, Aryan was nine. Since the murder, with his father and paternal grandparents in jail, Aryan has lived with his maternal grandparents.

In court, he gave his testimony calmly, said Tomar, even though the defence lawyer accused him of making up stories at the behest of his maternal grandparents.

“Aryan told the court that his father had come home drunk and started beating mummy. His grandparents joined in. Then they got some kerosene from the kitchen, which they threw on mummy. His grandfather said: ‘Go on, light the match,’ to Aryan’s father. He saw it all, he saw his mother being burned alive when he was so small,” said Tomar.

It is unusual in India for such a young child to testify in court. Before he could be admitted as a witness, Aryan had to prove to the court, as required by Indian law, that he could understand the questions put to him, provide rational answers and demonstrate that he comprehended the importance of giving truthful answers.

“He was questioned about his past, his school, teachers and friends, where he lived and where his relatives lived and other general knowledge questions to ascertain if he could be a credible witness,” said Tomar.

Like many social evils that are outlawed in India but persist because they are rooted in the culture, women continue to be killed over dowries.

According to the National Crime Records Bureau of India, more than 7,100 dowry deaths were recorded in 2019.

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