3 min readSuratFeb 4, 2026 07:15 AM IST
THE SURAT District and Sessions Court on Tuesday found six witnesses – who had turned hostile during the course of a murder case trial, leading to the acquittal of the accused – guilty and sentenced them to one month’s imprisonment.
The case dates back to 2021. The Surat police arrested Dipesh alias Babu Kantariya in the murder (by stabbing) of one Kalu alias Kishan Baraiya, a resident of Bhagwan Nagar Society in Katargam, on November 5 that year. The police also submitted the chargesheet in a timely manner. The crime was the fallout of an argument between the two.
During the trial before the Additional Sessions Judge B K Avasiya, six witnesses turned hostile, and their depositions on oath before the judge were the opposite of what they had given to the police. Due to lack of evidence, the sessions court acquitted the accused, Dipesh, in January this year.
The sessions court subsequently issued notices to the six witnesses, asking why no legal action should be taken against them under CrPC 344, for helping the murder accused get acquitted. The witnesses are all residents of Surat. By January 22, 2026, all the notices had been received by six witnesses, and their replies had been submitted by their lawyers to the court.
After hearing both the prosecution and the defence, the Surat district court (Fast Track Special Court), of Justice B K Avashiya, convicted all six witnesses and sentenced them to one month’s imprisonment each.
In the order, the court observed, “In a serious crime like murder, when important witnesses declare false facts on oath and the accused gets the benefit of it, then in such a situation, this behavior of the witnesses cannot be taken lightly and if taken lightly, then any person can arbitrarily state false facts in a court of law by taking oath, which is tantamount to a direct attack on the process of justice and such behavior can never be accepted. So, strict action should be taken against the witnesses who deliberately give false evidence. The faith of the general public in the process of justice will be able to survive, or else they will lose faith in the process of justice, and in such circumstances, it will become very serious and bad for the society protected by the law. Thus, in such circumstances, it is the sacred duty of this court to see that the court of justice does not remain a mute spectator in the face of such deliberate wrongdoing and strictly punishes such witnesses.”
The court also observed, “Considering all the above facts and circumstances, the defence raised by the witnesses that they are ignorant of the law and that they are poor cannot be accepted. And thus, in the interest of justice, it is deemed necessary to pass an order against these witnesses, so that an example can be set…”
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Surat court Additional Public Prosecutor Dipesh Dave said, “We are very much satisfied with the order. The court set an example, sending a warning message to the witnesses.”
