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304b ipc

(Querist) 08 March 2013 This query is : Resolved 
my wife died by hanging herself within the period of 6 months our marriage. case was registered on me and my family members under section 304b.

i do agree that demand for dowry is an social evil...but what if there is no such harrasements regarding dowry.

just before the day my wife died there occured miss carry..(loss of pregnency) and in depression ...in my absence she hanged herself. all the facts are well known by our inlaws.

we can prove that there is no such demand for dowry or harrasment regarding dowry.

our legal counsel says that they do agree that there is no such harresment...but what is the reason for ending her life....there should b some strong reason.

if there was misscarry just before the day the incedent happened ...then what is the evidence...

regarding this...on that day i took her to the hospital...but the doctor only suggested us to take an injection which was priscribed in the old priscription....and did not mention anything regarding this matter..
but i hve the bill of the medical shop where i took the injection.and also the priscription which was given to us 3 days before this incedent occured.

plz suggest how can i strengthen this point....

i donot want to build up a story in the court....just want to say what had happened.
but the advocates say that court doest hear all this small issues without perfect proof.

plz help me in this matter. the case is on trial.
Kiran Kumar (Expert) 08 March 2013
well for appropriate advice in your matter, one needs to go through the entire case....the FIR, Chargesheet and the Evidence...

Keep in mind that the law is applied and interpreted as according to the factual matrix of a case...a general discussion cannot form basis of verdict in criminal cases.

Raj Kumar Makkad (Expert) 09 March 2013
I do endorse the advice of Kiran.
Arun Kumar Bhagat (Expert) 09 March 2013
U/s 304B I.P.C onus lies upon you to prove that you people are not responsible for her unnatural death. You have to call the doctor and medical shop to prove your case during your Defence witness.
yogesh kumar solanki (Expert) 10 March 2013
In cases dowry death the burden of proof on accused that they are innocent. Husband is most responsible for such case.You have to call the doctor and medical shop to prove your case during your Defence witness and perceive the inlaws about incident


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