dowry death

Querist : Anonymous (Querist) 15 January 2010 This query is : Resolved
my sister had married Anusha one and half year ago with govt employee Raju in hindu tradition.gave the dowry ten thulas of gold and seventy thousand rupees cash to Raju.after one month Raju want to sold the jeweley for his expenses we denied that we kept the gold with us.he used to call us through cell phone for gold.and then on he is tortured Anusha for the gold and also abusing my mothers second marriage.after two months of marriage we brought anusha to our home.after eight months of she return she delivered a baby.after three months we send my sister to her husbands house.
after one week he called us &said she is missing.we went complained to police station and expressed doubt on him.the police enquired him and found that he had murdered her with a rope round the neck removed her dress and cremated in a old house near to his house.clothes &cheppals are burnt in another place.her chain in her neck removed and left it in the busstand.police could not found it.even there is no eye witness.only the ash & bones police got from the incident.only we are witness for torturing gold&abusing my mothers second marriage through cell phone.he did it very camly and without any big quarrels.
please help us how to get the baby? how to prove it under dowry death or other sections?how should we proceed?

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Arvind Singh Chauhan (Expert) 15 January 2010
Court can punish him on the basis of circumstantial evidence. In every case eye witness is not necessary to convict the accused. For the custody of child you will have to file petition for guardianship in the court.