Regarding section 306 of i.p.c.
B Pompana Gouda
(Querist) 06 February 2016
This query is : Resolved
A man alleging that accused had lended amount and the borrower had mortgaged the property in favour of lended person. Borrower alleging torture had sent a bond paper stating that due to torture and refuse to redeem the property mortgaged had allegedly consumed poison. In the mean time the lended person had replied and stated the actual facts and even the borrower does not possess any property.
Even then after twelve days of treatment, because the borrowed person is chronic alochol drunker died at hospital, later wife registered a case against the lended person. Kindly advise me in the matter how to proceed further and defend the accused in the case.
Dr J C Vashista
(Expert) 07 February 2016
There are various issues involved in the query, such as whether the police has regisetered a case against the lender or not, what are the allegations levelled, what sort of torture is stated to have been inflicted, what is the diagnosis, opinion and treatment, PM and visra report etc.etc.
Incompete information can not lead to form proper opinion and advise.
Consult and engage a prudent local lawyer.
Rajendra K Goyal
(Expert) 07 February 2016
The person has to defend himself on merits. Service of some senior lawyer expert in criminal law should be engaged.
