304b & 498a
jayesh kanna
(Querist) 23 March 2017
This query is : Resolved
Hi experts,
Myself & my family that includes my mother, father & brother were booked under section 304B & 498A in Jan 2015. after 2 long years, the trial process finally started this jan'2017. Cross examination of PW1 to PW4 is over during the trial process. There are nearly another 20 witnesses remaining in the trial procedure. During the course of trial of PW1 to PW4, they have given statement in the court mostly which are not in either 161 CRPC or RDO to make the case stronger against us. And they accepted personally in court that they are providing statement not provided either to police or RDO. Here PW1 to PW3 are interested witnesses from deceased family. PW4 is the private evidence. All the 4 witnesses accepted in court that, none of our family visited the deceased or contacted her through mobile for 13 days when the deceased was in her parental home stating her father's illness, which is also the true fact.They have also accepted that there is no written evidence like letter or email from the deceased stating that we harassed her asking dowry.
Finally my query here is, how should we take this as? a progress? positive? or should our advocate be more aggressive? or are we in the right path?
Please advise dear experts
Sudhir Kumar, Advocate
(Expert) 23 March 2017
no view can be formed based on what you have discussed here.
In 304B the prosecution has to just prove that :-
(1) there was a marriage
(2) marriage was not 7 year old
(3) there was death of bride
(4) death was not natural.
It is you who have to prove that it is not dowry death.
jayesh kanna
(Querist) 23 March 2017
Thank you for your reply sir. And yes marriage happened in less than 7yrs and bride is dead. But we r unaware of the death. It's purely not becoz of dowry and because of us. Death of the bride happened in parental home, that too after 13 days she went der. Anyways my query is in what ways we should approach further to break this case?
jayesh kanna
(Querist) 24 March 2017
She committed suicide and v r unaware of the actual reason.
Guest
(Expert) 24 March 2017
What is the opinion of your own lawyer with what reason?
Adv. Yogen Kakade
(Expert) 24 March 2017
Mr. Jayesh,
The entire background behind the case need to be seen.
Rajendra K Goyal
(Expert) 24 March 2017
Without knowing full case details / material facts/ related documents if any, nothing can be advised. Discuss with some senior local lawyer.
Rajendra K Goyal
(Expert) 24 March 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Clarification-on-progress-of-the-case-635781.asp
Ms.Usha Kapoor
(Expert) 25 March 2017
It's a repeated query.no reply need to be given.
Dr J C Vashista
(Expert) 26 March 2017
Same query repeated??? It is misuse and abuse of this site.
Consult your lawyer or replace him if you have lost faith in him.
or
engage another prudent local lawyer to supplement your lawyer.
