Section 498a 304b 34 ipc
dtp
(Querist) 10 March 2015
This query is : Resolved
Hi
7 mnths ago my better half passed away due to low sugar suddenly.
She was having junviele diabetes n hypothyroidsm n continuesly suffering from hypoglacamic attacts
as she died with 7 years of marriage we did the post mortom as my in laws were initiating the doubt we did something to her coz all happened suddenly..
on that mid night suddenly she was getting unconcious coz of low sugar...we immidiately shifted her to local top ICU and started treatment... but unfortuantely she breathed last after 11hrs of treatment..
After post mortem...the cause of death was unknown and was reserved for viscera opinion...meanwhile my in laws filed a false criminal case against me and my parents..u/s 498a 304b n 34 IPC after 5 days of inicident..
me n my brother surrendered and my parents got anticeptry bail on medical grounds..
after 28 days of PCR n MCR we both got bail on basis of FIR...
meanwhile as we were in MCR my in laws taken my 3 year old son forcefully...
After coming out on Bail..I with diffrent sources tried to convince them for giving my kid back to me but they refused arrogently everytime...
so after waiting long 3 mnths i filed a case against them u/s 97crpc for my kid's custody..n i got my son back via court within 15 days of filing the case..'
in my case..chargesheet was not getting prepared coz cause of death was depending upon the viscera n histopathlogy reports... so after long 7 months of the incident.. the opinion came to the police station containing normal values..
so all the reports were sent to local civil surgeon for final opinion and to know the exact cause of death...
But when final opinion came it was shocking...The doctor said that "The possibility of poison cannot be denied..."..what rubbish..all reports were normal even the opinion came negative..so on the basis of that opinion Police filed the chargesheet under the same chrges claimed in FIR i.e. 498a 304b n 34 IPC...
i was expecting the Removal of 304b as all reports were normal medically...
SO EXPERTS...
PLS HELP ME...
1. On Which Basis..Doctor gave such kind of opinion... does that opinion have any scope in Trial..
2. What Should I do for My Defence in this Case..
3. Please tell me your expert Opinions...
Awaiting..
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THANK YOU SO MUCH...
P. Venu
(Expert) 11 March 2015
What is the basis for giving the opinion "The possibility of poison cannot be denied..."
Guest
(Expert) 11 March 2015
Ref. your queries, my opinion is as follows:
1) Basis on which doctor gave such kind of opinion can be answered only by some medical expert, not by legal experts. However, that opinion, if not countered by some other well qualified medical expert or hospital, the scope in Trial cannot be overruled.
2) Your defence in the Case lies only in another medical expert's opinion or by countering the opinion to be biased or irrelevant by your lawyer during cross-examination of the Civil Surgeon, who gave the opinion. Moreover, expression of possibility indicates only in uncertainty of his opinion, as he cannot be said to be definite about poisoning. Probability of evidence taking turn more in your favour can be there, which depends solely on the expertise of your lawyer in cross-examination.
Rajendra K Goyal
(Expert) 11 March 2015
Consult and engage senior local lawyer expert in criminal cases, defend the cases against you and your family. Collect all proofs, her previous ailment history and treatment, the evidence of ICU doctors would be material. Also collect laboratory reports of the hospital and produce in your defense.
ajay sethi
(Expert) 11 March 2015
wel advised by dhingraji
T. Kalaiselvan, Advocate
(Expert) 13 March 2015
You must consult and engage a senior criminal lawyer who will be able to challenge the medical reports as well as the charges against you during trial.
