can the accused discharged

bhuushan bankar (Querist) 22 August 2008 This query is : Resolved
in the persent case the accused is on bail under sec 279 and 338 can he be discharged or can the complaint be quased since the complainant(not the aggrived person,he was not hurt)is died and the child who got mionr injury is not tracble as he shifted his residence

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Kiran Kumar (Expert) 22 August 2008
can be discharged, take help of Section 256 of Cr.P.C.

praveen kumar (Expert) 22 August 2008
Dear Sir,
The offence under S.279 and S.338 IPC, are conisable cases, and in such cases the ststus of the complainant is that of infor;mant only,hence his death is immaterial.But if the injured witness is not available the case may result in aquittal.

kumar sachin (Expert) 23 August 2008
rightly replied by my friends

SANJAY DIXIT (Expert) 23 August 2008
I agree with the opinions made above by learned members.

K.C.Suresh (Expert) 24 August 2008
In any case the witness needs to be examined. Can be compounded out side the court. And lead evidence to acquit the accused.