Anonymous
27 November 2009 at 09:34
weather the cheque issued as sequrity attract the provisions of 138 n.i.act? any judgements there?
CHEEMOO
27 November 2009 at 04:24
That my brother in law killed my sister by pushing her from 4th floor. There is no eyewitness of this incident. In the morning at about 5.45 a.m. chowkidar of the building knocked the door and informed us that some lady fallen down from the upper floor. Upon which I and my mother went downstairs and saw the saima was lying on the road in serious condition. On our query she very slowly and difficulty uttered the words as “Imran Dhakka” Mean while chowkidar had brought a vehicle. In the meanwhile I informed the police on phone as well as to my elder sister.
Please advised us there is no eyewitness how can we proof this murder? According to advocate there is no legs and foot bones broken. The hands and wrist bone broken due to Saima trying to safe her life from head injury. Please read this case and Postmortem report and advise us how can we proof this murder?
Please send us case law.
Deceased Saima was my real sister. Accused Imran was her husband. They were to residing in adjacent to our flat. Their marriage took place about 8 years prior to the date of incident of murder. The relation between the Spouse has become strained due to another girl namely Erum from the very start of the marriage. His behavior had become harsh and cruel towards my sister Saima. Before the incident the accused Imran had also issued threat of murder to my sister Saima. My another sister also moved application to the police station concerned for his cruel some behavior towards my sister Saima. I produced the photocopy of such application as Ex-26-A duly received by police station. On 20.12. 2008 a quarrel had taken place between Saima and Imran and Imran forced to Saima to obtained Khula from him as he intend to marry with Erum in case of divorce he had to give the dower (Mehar) amount to Saima. On hearing the commotion my mother went to the flat of Saima at about 3.00 a.m (night), and after sometime returned back. Thereafter 4.00 a.m.(night) Saima came to our flat and complaint about the quarrel with Imran, but my mother advised her to go to her flat and matter will be seen in the morning. In the morning at about 5.45 a.m. chowkidar of the building knocked the door and informed us that some lady fallen down from the upper floor. Upon which I and my mother went downstairs and saw the saima was lying on the road in serious condition. On our query she very slowly and difficulty uttered the words as “Imran Dhakka” Mean while chowkidar had brought a vehicle. In the meanwhile I informed the police on phone as well as to my elder sister. Who also came at the spot and we shifted Saima to hospital. My elder brother had also reached to the hospital and leaving him there we return back to our flat, where police is already available. I and police knocked the door of the Imran but he did not open the same. In the meantime my elder brother also came there and informed that Saima had expired. Imran came out of his flat and he was arrested by the police in my presence. Police prepared such mashirama of arrest which I acted as mashir. Then we went to hospital alongwith the police. Police inspected the dead body of the deceased and prepared such mashirnama so also inquest report to which I acted as mashir. Therefore we shifted the body to Hospital for Post-mortem and after the post-mortem the dead body was handed over to my brother in my presence. Statement of my mother was also recorded
FIR
That my daughter saima was married with Imran about 8 years. My daughter has no child. Often there were quarrels between my daughter and her husband. Today on 20.12.2008 at about 3 O clock in the night I went to my daughter flat in my neighbor and found that my daughter and her husband were quarreling. He was uttering that he would leave her and will get marry to Erum and if she further tease him he would push her down the flat. Then I went to my house. At about 4.30 my daughter came to me and told that her husband Imran has administered her some thing in water or tea, thereafter she needs sleeps hence I asked my daughter to go to her house and sleep then she went away. At 6 O’clock in the watchman knocked the door . I opened the door and watchman told me that a women has fell down and found that she was my daughter Saima. My daughter disclosed that Imran pushed her down. Peoples come around from their shops Milkman give the water to my daughter .and Then I took my daughter to Hospital but my daughter expired on the way. She than brought dead body of her daughter for Post-mortem. She alleged that her son in law killed her daughter by pushing her from 4th floor.
About three years priors to the incident an application was moved by the sister of deceased to police station
POST MORTERM:
The medical officer who conducted autopsy of the dead body of the deceased and found following injuries on person of deceased Saima on external Examination.
Female 33 years old. She was heavy built looking 5.6 feet height the body was fresh. Her rigor mortis are developing. Her features extent were identified. There was no sign of decomposition. Postmorterm lividity was present over back of the chest and trunk was not fixed. Her tung was inside the mouth. Pupils fixed dilated. There was no sign of oozing of blood or secretion from mouth, nose and ear. Surface wounds and injuries.
1- Her face was slightly cyanosed, nails and lips were also cyanosed.
2- Scratches on Arms and hands.
3- There was clinical fracture of right lower part of the forearm near wrist joint.
4- There were abrasion over front of the chest.
5- Bruse over left forearm ventral aspect.
6- Both hips are bruse size 10 x 7 left hip and 12 x 8 right.
7- Both Post aspects of both legs were brused.
On internal Examination the medical officer found the following:
Head : There was no visible injury over skull all skull on percussion all skull bones found intact.
Neck : Exploration reveals no visible mark of injury over neck. Skin subcutaneous and under line vascular. Muscular in structure intact. Hyoid bone thyroid cartilage and tracheal ring intact. Cartilage and tracheal ring intact. Cervical vertibornal found intact.
Time between injuries and death was instantaneous.
Time between death and post-mortem 4 to 6 hours.
The medical officer opined that the cause of death as acute hambragic shot and injury to the vital organ i.e. both lungs leading to cardio respiratory failure as result fall from fourth floor flat alleged.
THROAX: Examination exploration reveals collection of blood mixed with clots in the chest cavity. Both lungs were collapsed. Due to fracture of multiple of ribs of right side thoraz viz. fracture of upper part of sternum. Heard was normal in size and shape.
ABDOMEN: There was no collection of blood of fluid in the cavity and all structure were intact but pale.
SPINAL CORD: Intact
Sumir
26 November 2009 at 20:40
What are pre requisites or under which condition, a person can be declared mentally unfit, or insane? (a police inspector in his report and principle(dean) of my college has alleged that I am not mentally fit and ha curbed my legal right to complaint-kindly help)
raj123
26 November 2009 at 16:46
My friend as applied for bail(dowry and harrasement case). He is asking myself and my brother for surety to him. I'm working in a S/W company and my brother is Govt. employee.
Is there any problem in future for us if we both give surety for my friend ?
Advice Need ! Please Help !
AMAN
26 November 2009 at 15:46
hi,
i just want to know that a lady in mid 70's be convicted behinds the bars by the court (non- bailable) for the cognizable offense which she had done in the past yrs . is this can be a excuse before the court that she is old lady so she cant be convicted on non bailable offense.
regard,
aman
barun deka
26 November 2009 at 09:14
a cheque gets dishonoured three months back. can i now present the cheque to the bank again so that it gets dishonoured again and within a months time i can file notice under s138 of NI Act? i mean is there a bar to present a dishonoured cheque more than once to avoid the limitation of s138??
Anonymous
26 November 2009 at 01:17
The story of the wife attracts sections of misappropriation, criminal intimidation, harassment, abetment to commit suicide and dowry harassment.
Now if a police complaint is preferred is it advisable to give one single complaint for all offences or give separate complaints for the offences relating to separate laws i.e., IPC and Prohibition of dowry.... act. for all the incidents mentioned above jurisdiction is at one and the same place falling under one police limits.
Member (Account Deleted)
25 November 2009 at 23:01
Can an ADVOCATE be surety for bail of his client in a police station (W/A bailable)?
Does it amounts to misconduct?
V.V.RAMDAS
25 November 2009 at 22:01
Dear friends,
In non-cog cases sanction of higher police officer is required for submission of prosecution report before the court to take congnigence by the judicial Magistrate against the offence - under what provision or where the provision is laid down ?
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Problem with 340 CrPC petition in a Civil Suit
In this particular civil suit for partition wherein the Registration Department gave a false evidence. A 340 CrPC application has been made to the civil court showing the prima facie perjury, fraud etc. of the Registration Department.
The application was made by way of an interim affidavit. Though the Affidavit was taken on record no number was allocated to it. It has been 6 months since it is continuing so. But the court has taken the sworn statement of the petitioner who was the defendent in the civil suit.
Now the problem is the court is neither numbering the IA / passing order / or dismissing it. My advocate is getting vexed up by the behaviour of this court in this particular instance. What to do ?
Kindly help.