Discharge applicatin u/s 227 crpc for the charges u/s 498a 304b 34 of ipc
Deepak P
(Querist) 08 October 2015
This query is : Resolved
Hello All Experts..
Need Your Expert n Genuine Guidance...
A year before my in laws filed a criminal case against me n my parents n my brother u/s 498a 304b and 34 of IPC..
My Wife who was junvile diabatic and also suffering from Hypothyrodism expired due to the attack of Hypoglecimia (low sugar).. and after that my in laws were making false alligations on me that i n my family killed her for dowry issues...
We allowed for Post morterm as it was a medico legal issue and she died under treatment within 24hrs of the admission to the hospital... After PM, the body parts were sent for chemcal analysis..
after 5 days of the incident..they lodged the criminal case against us in local police station...me and my brother sumoto surrendered in police station and my mom n dad obtained anticiptry bail from the honrable court...
after 25 days me n my brother obtained regular bail from the court as there was no prima facie evidence except the words of complaint...
after 6 months the chemical analysis report cameforth containing all clear values..but the cause of death was still unknown so for the final opinion all the medical papers were sent to civil surgeon for final opinion..and he gave shocking opinion that "The Possibilty of Poisining cannot be ruled out due to more than one drug or substance".. All reports i.e. PM, HISTOPATHOLOGY and CHEMICAL FORENCSIC REPORTS were also clear..but this opinion was shocking..so the chargesheet went with the same charges as in FIR...
So, on the above basis, I m thinking to apply for the DISCHARGE of the case as the charges are still not framed..because all allegations are totally false n no prima facie evidence is there except that influienced doctors opinion...no physical evidence is on record...
all call records are also not getting matched with dates mentioned in allegations in FIR too..
So Experts.. What do you think..on above grounds..will Honorable Court will allow the application or It will allow to try the case for the verification of that so called stupid opinion which is not sure about the cause of death..
Points..
1. She Had the old history of Junivale Diabates n Hyporthyroidsm..
2. She Was totally dependent on Human Insulin ( 4 times a Day ) and a lot of oral medications.
3. She used to have attacks of Hypoglecimia which happen due to low sugar
SAINATH DEVALLA
(Expert) 08 October 2015
Are U holding her medical reports since marriage? That could prove she was a chronic diabetic.having known that she was a juvenile diabetic,the act of her household gives rise to suspicions.Where did she die,at home or in the hospital.If in hospital the records would have contained the cause of death.
Postmortem would be conducted only if it is suspicious or unnatural death.
Deepak P
(Querist) 09 October 2015
Thnx Mr Sainath Devella.. The death was in hospital...Doctor suggested PM as it was under 24hrs of treatment...yes i have all the medical papers of her decease of before and after marriage..
One imp thing to ask that.. PM report doesnt contain exact cause of the death...they mentioned opinion reserved for chemical analysis reports... After receiving the forensic reports which all are normal..nothing auspicious in that...the doctor gave influenced opinion that "the possibility of poison cannot be denied" what is the meaning of this opinion while all medical reports are normal...
Thus i have decided to make an application for the discharge of the case...but worried about the point of the doctors opinion and on that opinion court may reject the application and the case may be tried in session which is very time consuming..isnt it..
Experts please help me to sort out this issue...how i convey to court about the opinion of the doctor...rest all is in favour.. Thnx
Awaiting the Rplies
Thnx again
malipeddi jaggarao
(Expert) 09 October 2015
You have good evidence on hand. However, basing on the advice of the Doctor, the charge sheet is already filed. You will have to contest the case by engaging an eminent criminal lawyer. On line advice cannot elaborate than this.
P. Venu
(Expert) 09 October 2015
Perhaps, you can get the second opinion from a Medical Board
SAINATH DEVALLA
(Expert) 09 October 2015
The death is not unnatural as she was a chronic diabetic with previous long medical history.What for the hospital treated her during those 24 hrs,finally comming to a conclusion that poison cannot be ruled out.U should have taken care of the entire reports of those 24 hrs.If influenced later on the hospital would have changed them.
Actually U require the services of a local lawyer,on whom U should rely to come out with good defences.
Deepak P
(Querist) 09 October 2015
Thnx all.. Mr Sainath.. In 24 hrs she was continuously on ventilator..unconscious...doctors tried hard but in vain... During the treatment the blood test was carried out by the doctor...but the reports are absolutely normal...nothing auspicious...the main question arises is that why that doctor gave such foolish opinion...what do u think sir...on that unsure opinion may be the cause of rejection of my application of dishargenof the case...please let me know possible outcomes
Thnks..God bless
Rajendra K Goyal
(Expert) 09 October 2015
Defend yourself in the prosecution on the basis of the evidences in your hand.
No poison detected, no evidences of giving poison, poison not recovered, you have good defence.
malipeddi jaggarao
(Expert) 10 October 2015
You are sufficiently advised. There is no point in harping on the opinion of the doctor. He has done his done whether you like it or not and you should find out the way how to counter this opinion.
K.S.Srinivas
(Expert) 13 October 2015
Agreed with Sri Jaggarao.
