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A1981 (abc)     25 September 2011

Case study : dowry death 304b,498a, dp34

Below is listed brief facts regarding a case of dowry death reg. as 304B, 498A, DP34 act against husband and whole family (total 6) – 1. According to PM report deceased has committed suicide by hanging. There is no anti-mortem injury other than abrasion like ligature mark. 2. The inquest report has witnesses from girl side only and has acknowledged suicide. 3. Husband was through-out remain available on the day of incident. FIR has been made after three days 4. Husband was living separately far-away from her matrimonial house and his family has neither lived nor visited the place. 5. Husband had very good financial condition, demand of dowry doesn’t seems sustaining against the documentary evidences he has like – i. She was enjoying independent saving account in which husband had transferred money regularly and other than husband her family has not sent any money in that account and that too she has withdrew money from that account while she was in parental home. ii. She had NSC worth few thousands. iii. She was nominee of LIC on husband name amounting XX.0 lacs on maturity. 6. Income Tax department has replied that ITRs of FIL not available with department for last five years. 7. Complainant side has not given any evidence other than oral testimony. 8. There is no previous record regarding ill-treatments in any form. 9. There is no specific charge of cruelty in the statements of in-laws except demand of few lacs. 10. There is no arrest, no bail… nothing… till now The case is in status Quo from the order of the highest court which has asked the investigation/status report from state police. Please provide your valuable suggestions on the case how he and the distant living relatives can be saved from this curse without being arrest. Thank You


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 4 Replies

A1981 (abc)     25 September 2011

 

Below is listed brief facts regarding a case of dowry death reg. as 304B, 498A, DP34 act against husband and whole family (total 6) –

 

  1. According to PM report deceased has committed suicide by hanging. There is no anti-mortem injury other than abrasion like ligature mark.   

 

  1. The inquest report has witnesses from girl side only and has acknowledged suicide.

 

  1. Husband was through-out remain available on the day of incident. FIR has been made after three days

 

  1. Husband was living separately far-away from her matrimonial house and his family has neither lived nor visited the place.

 

  1. Husband had very good financial condition, demand of dowry doesn’t seems sustaining against the documentary evidences he has like –

                                         i.    She was enjoying independent saving account in which husband had transferred money regularly and other than husband her family has not sent any money in that account and that too she has withdrew money from that account while she was in parental home.

                                        ii.    She had NSC worth few thousands.

                                      iii.    She was nominee of LIC on husband name amounting XX.0 lacs on maturity.

 

  1. Income Tax department has replied that ITRs of FIL not available with department for last five years.

 

  1. Complainant side has not given any evidence other than oral testimony.

 

  1. There is no previous record regarding ill-treatments in any form.

 

  1. There is no specific charge of cruelty in the statements of in-laws except demand of few lacs.

 

  1. There is no arrest, no bail… nothing… till now

 

 

The case is in status Quo from the order of the highest court which has asked the investigation/status report from state police.

 

Please provide your valuable suggestions on the case how he and the distant living relatives can be saved from this curse without being arrest.

 

Thank You   

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 September 2011

I have an inkling that I have heard this case somewhere.

 

The Apex Court is seized by the matter, till that remains, the status quo need to be maintained, after the vacation of stay, the case would be fought on merits.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

rajiv rajan (rr)     30 September 2011

Dear  Sir,

I their any possibilty of getting bail form session court to all.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 September 2011

Rajiv Ranjan,

 

In which case?

 

In 304B it is only possible in rare case scenerios.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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