defene for a accused charged u/s306

Querist : Anonymous (Querist) 10 January 2011 This query is : Resolved
sir, now i am appearing for a case for a woman charged u/s.306 of IPC
Fact: Accused's brother's wife (sister-in-law) committed suicide by pouring kerosene & firing in her body due to wordy quarrel with the accused.She also deliver the dying declaration in the hospital and recorded by the magistrate and in declaration she confirmed the name of the Acuused in the dying declaration.and then she alived for two days and she died.
essentially the police fies the FIR u/s.309 and after her death section 309 is altered to 306 against the acuused.
But the real fact is that deceased have habbit of consume liquor. on that day also the deceased consumed liquor, her husband and sister of her husband quarrled about her regarding this habbit.but in the alcholic stage she beat her husband and her husbands sisiter.Then only her husband's sisiter quarrled her with bad words after that she committed suicide.but consemption of liquor is not reflected in the PM report.
In this matter District court of puducherry granted Anti-bail to the accused on the ground that the accused is a women and aged about 50 years.But this case was put for the Trial.....
Sir my question was whether all the witness are ready to hostile but the accused name was reflected in the Dying declaration. sir suggest any judgement or citation in favour of the accused and against this dying declaration or any other suggestion for acquitting this case.

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adv. rajeev ( rajoo ) (Expert) 10 January 2011
There are judgements that only on the basis of the dying declaration accused can be convicted. Let wittnesses say that deceased was drunken, it may help you.

Abhishek Marvi (Expert) 10 January 2011
i agree with rajoo

Ajay Bansal (Expert) 10 January 2011
I agree with aforesaid Experts.There will be dificulties against accused side.

Amit Minocha (Expert) 10 January 2011
prove the adverse conduct which may get some leniency as your grounds of liquor are ruled out by PM report.

SANJAY GUPTA (Expert) 10 January 2011
as pm report does not reflect your story, you cant get benefit of doubt that on drunken state she done this but after death of the deceased it seems that you have contact with the all the witnesses and can influence them on any pretext. by the way it depend upon the trial of the case. god bless you.

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