ipc 324/326
Querist :
Anonymous
(Querist) 31 March 2011
This query is : Resolved
The state case filed against me in the year 2001.After a gap of 10 yrs pp has filed alteration of charge under crpc 216 from ipc 326 to 307.The medical certificate says no grievious injury descrition 1x1x1 cm on left side forehead.the complainant is brother in law of the accused and all the witnesses are taken on record are close relatives of the complainant.The quarrel is because of the love marriage of the accused with complainant,s taken place inthe year 1992.my wife,s statement is not recorded by the police but police story is all about me and my wife quarrel and intervention by her brother/complainant.I was also injured at the time of incidence but my coplaint is not taken on record by the police.My question is how important are the witnesses relatives (intersted)in the court and whether we should mention about our lovemarriage during the cross exam of the witness.please advise.
Devajyoti Barman
(Expert) 31 March 2011
The statements recorded by the police u/s 161 crpc has no relevance unless the same is repeated before the Magistrate by the same witness.
It is well established that eye witness can not override the medical or forensic evidence. But before that if the court has unreasonably altered the charge from 326 to 307 , you should immediately challenge such order in revision ether before the sessions court or the high court.
