Dear Sirs/Madams,
Our case is related to an Attempt to Murder Case under section 307 IPC regarding a Agriculture Land Dispute.
Our grandfather purchased a adjacent farmer’s agriculture land in 1977 and our family have been cultivating the same since 40 years. We do have all documents including sale deed, property tax and recently issued Pattadaar passbook by revenue department of Telangana state government in April 2018.
Now daughters and grand children of above seller (who was expired 10 years ago and didn't have sons) trying to capture our land by force and they also tried to cultivate the Land. While we attempted to prevent them from land cultivation in our land , they attacked our family members mercilessly due to that our 4 no. Family members injured severely (head cut / legs/hand fracture etc).
Immediately we lodged FIR at local police station. All 7 no. accused persons were arrested and sent to remand (local sub jail) after due investigation by police on next day.
Now, kindly clarify the our following queries,
1. How to prevent bail for those accused persons as our family members are under threat if they come out ?
2. How much time it will take to give final verdict by Magistrate Court regarding Punishment for the Culprits /accused as per section 307 IPC?
3. Is there any need to hire Advocate from our end (OR) Shall Public Prosecutor take care of court trial of this case?
4. What are the basic Evidence needed to speed up the court trial ?
5. How can victims (we) help the court to punish all culprits who are behaving like anti social elements?
6. Is Video evidence is acceptable for court trials ? as we do have video footage of their attack in our agriculture land.
Hi! Thanks for bringing us the question!
Section 307 is considered very heinous by the courts, more than 302 itself. So the courts won't really let them away scot free. Although if you want, for your satisfaction, you can by the virtue of an affidavit and application, forward to the court that the bail not be granted as it is dangerous for you. You can even apply for security.
The time taken by the court to conclude the case will depend on how strong your evidence and arguments are and how well the other party defends. Such cases can get prolonged up to the Supreme Court because of appeals and may take years. If everything goes smooth and in your favor, the verdict may even be passed within 6 months or around.
The lawyer of the state is called the public prosecutor. in effect, he is advocating the claims of the victim. However, the victim May, pursuant to section 24 of the Code of Criminal Procedure engage his own advocate to aid or assist the public prosecutors' arguments. Meaning if you don't trust the PP to do a good job, hire a good lawyer of your own choice. I would suggest engaging your own lawyer as any lag, in this case, can give the culprits way out or prolong the pendency of the case which will be very frustrating for you and will be too late in the future to turn back the pages.
About the pieces of evidence put everything that you have on record with you - The property papers, tax logs, other books of records and especially the footage that you have mentioned about. It is admissible in the court as evidence and speed up the things being a conclusive proof. A prosecution would in itself be a help to the court and the state. Just be punctual, courageous and cooperative.
Please feel free to ask any more questions. Good Luck!
