304b
Sandeep Didwania
(Querist) 17 November 2012
This query is : Resolved
Hello,
my client and his three sisters are accused of 304B, his wife, committed suicide by putting kerosene over herself in a closed room, and was almost 70 per cent burnt when she was taken to hospital, her mother when informed reached there. she also filed an FIR AND in her witness she said that her daughter in her last time said that she was cruelly treated and torchered as a result she did this act. except her mother no other witness said anything. the case is in the arguement stage,how far is the prosecution's duty to prove the case??? can the false witness of her mother turn the case?? can we have any rulings for acquittal of the accused?
Adv.R.P.Chugh
(Expert) 17 November 2012
It is a case based on circumstantial evidence. Dying Declaration is a good piece of evidence normally provided it is proved well. Now if the lady was in a position to speak - the question that arises is why no doctor/police/io recorded her Dying Declaration. There is also no certificate that she was in a good frame of mind at the time of saying what she did.
We cannot say much - because we don't know what kind of other evidences are there.
Bharat Chugh
Nadeem Qureshi
(Expert) 17 November 2012
Dear Querist
The main Question is the victim is alive or not?
secondly heresay evidence is not admisable in the eyes of Law
Ravikant Soni
(Expert) 18 November 2012
....she said that her daughter in her last time said that she was cruelly treated and torchered as a result she did this act.....
it attracts the section 306 of IPC not 304b.
the case is of suicide not of dowry death.
Sudhir Kumar, Advocate
(Expert) 18 November 2012
304b ?
[304B. Dowry death.—(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
Explanation
For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment of not less than 7 years but which may extend to imprisonment for life—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
IF DEATH IS WITHIN 7 YEARS OF MARRIAGE THE PRESUMPTION OPERATES AGAINST THE ACCUSED IRRESPECTIVE OF DYING DECLARATION
V R SHROFF
(Expert) 18 November 2012
The occurance of cruelty within 7 years of marriage need be established.
Death due to suicide resulted as dowry / cruelty , cannot be proved only by last minute words of victim to her mother.
Other evidence need be produced, and in absence of it, witness of her mother cannot be accepted as proof of cruelty.
If no police complaint, no 498, no dv, no meetings of social/ relatives/
how cruelty be proved??
Last minute filing of FIR hv hardly any weight-age.
V R SHROFF
(Expert) 18 November 2012
Nadeem, 304[B] means dead[not alive]
Sashikant, Once charged of 304{B}, Case will not try any 306. [Generally In 99% cases, though exceptions to alter / charge another sec. ]
In one of my case 306, complainant tried to say it was not suicide, and it was murder 302, court declined to alter, and accused were acquitted. Court generally do not entertain chg of section at the whim of complainant after leading evidence, to fill up the lacuna of proceedings.
Sandeep Didwania
(Querist) 21 November 2012
@ Mr. Shroff- I agree with ur views, and it will be of grt help to me during arguement period..sir could you plz provide some rulings to strengthen my part...thnxx.
V R SHROFF
(Expert) 21 November 2012
Ruling:
One has to burn his midnight oil.
experts can't do legwork. No citation here
search web. / law library
