364,302 and 201 IPC
Om Prakash Dhusia
(Querist) 10 April 2011
This query is : Resolved
Dear Experts/Guides/lawyers:strange things happen in this column and I have been pointing it out whenever I notice them, no matter what the outcome are because irony is that nobody likes criticism, even a healthy one and every one who claims to be the well wisher of society, has this reason to join LCI column as experts.But seldom these learneds answer the query in its right earnest.For instance a few days back I asked some questions about my son who was never interrogated by the police framed u/s 364,302 and 201 IPC and convicted due to meek and submissive defence.There was an gentleman who did not like my earlier healthy criticism,was quick to shoot a question for being specific on the subject and in return when I narrated the whole episode I found the answer not forthcoming.But there were many gentlemen who did answer it but their answers were not matching my question, however I am very grateful to them but my request to such learneds who do not pay any heed to the questions, is that if they do not know the subject well, please dont make the sufferers to wait endlessly or ask for the story to be known to each and every one but instead simply inform them that THE ANSWER TO SUCH COMPLICATED QUERY IS BEYOND THEIR KNOWLEDGE because it is no shame if learneds do not have answers for each question because a human is a human and he can never become encyclopaedia of knowledge but despite all these hurdles I would still be grateful to the people who have been participating in this column enthusiastically to make it active and alive otherwise this column would have met its end up to now. However there are many experts who have registered themselves as such but I do not find their answer in this coulmn ever.Kindly do not use this valuable column to market yourself to the prospective clients because this is not a business column please.My private email:dhusia599@gmail.com and everyone is welcome to mail me as and when he pleases.I have no personnel or hidden agenda except to help the mankind to the best of my ability and knowledge.REGARDS.
Devajyoti Barman
(Expert) 10 April 2011
Mr Dhusia, I understand that you may be under stress because of your problem involving your son. One thing you must appreciate that this is not a paid service and the experts volunteer to help the victims out of their own choice from their respective bust schedules.
In such a voluntary service I do not think it is wise to demand the desired reply. One can always fall upon the professional service of a lawyer where he can expect or demand his level of satisfaction.
However in the event you wish to take any help of mine then you can call me in the evening.
SANJAY GUPTA
(Expert) 11 April 2011
Mr. Dhusia, LCI is a platform where You can not make a demand of your reply as Mr.Barman said and be specific about your questions only without making any remarks on the integrity of the learned panel experts. My sympathy is with you and god is here to do justice with your son so keep patience and apply for the next procedure of law to get your son acquitted from the case. God bless you.
prashant pundhir
(Expert) 11 April 2011
Mr.Dhusia,it happens .Many times in the faults are ours but in frustation we blame on others .LCI is a plateform where every expert is trying to provide his best and without any greed.My sympathy is with you,but inspite of blaming,move ahead and get justice .As mr.Barman and mr.Gupta said,please do not remark on the integrity of the learned experts .This plateform will always try to you the best .
Om Prakash Dhusia
(Querist) 11 April 2011
I do not concur with some of the replies but if it is an volunteer service then why the common layman not demand the answer?Does it mean that one has to be on the mercy of volunteers to be served free?Common laymen have to beg for it?WHY?By the way I suppose volunteer means SERVICE WITHOUT SELF so why such fuss of imparting service without cost?Remember, the learneds who have volunteered to serve the needy free of cost have opted it for themselves,it is their own choice.Common sufferer or laymen have not forced them unto and please for heaven's sake being in the profession of law kindly do not pre-judge the individual as it is against the principle of natural justice.Moreover neither I have been under stress nor be ever simply because my son has been falsely convicted as it is not only my son but there are lakhs of others suffering on account of in-adequate know how of law,use of different yard sticks for the same offence, prejudice,many ism(Caste,creed,colour,region,religion,lingua-franca etc etc) prevailing in Indian society and for me majority of the cases are not decided on the merit but on the whims and fantasies of the people inlvolved, the police,the prosecution,the defence,the judge,the professional PW's etc.It is a common factor in the sub-ordinate courts in India that's why I never call it JUDGEMENT but FAISLA or DECISION.On the other hand these learneds have created an aura of EGO around them where they always consider themselves superiors than other populace whereas I ever emphasize that this is a profession like many other by which people earn their livelihood so how they could consider themselves superior to others?Does it mean a man sweeping the floor because he is named a SWEEPER is inferior to the man who soils the floor?If you keep on answering egoistically then there would never be end of my efforts to say so except throttling me through this column and the truth is though the learneds have submitted their advises on my conduct but they have not answered to my QUERY so far. I can not contact through phone because I am abroad and it requires a great sum to incur to phone from a distant nation for which I am not capable of.Even if had it been in India still I would not have preferred for it because it is not cheaper and technologically the easiest and cheapest way is the email.The great people who have created this column are in the knowledge that even if it is a volunteer service it would have greater demand from the common laymen rightfully and not mercifully.Kindly do not beat drum of offering service voluntarily and free of cost.God has provided many things free of cost and we have been misusing his blessings and still he is being criticized by his own creation, so does he stop his blessings or free supplies?If the honourable administrator wishes and feels that I have become a pest in their efforts to serve the majority voluntarily as claimed, he may shut me off but till I am free to speak without compromising on dignity I hope I have the honour to do so.As Kabir the saint has said,"NINDAK NIYARE RAAKHIYE AANGAN KUTI CHHAVAYE" or in short: The critics should be welcomed and always be kept nearby.REGARDS.
Om Prakash Dhusia
(Querist) 12 April 2011
Furtherance to my query on framed charges u/s 364/302/201 IPC,police further fabricated a case u/s 115,120B & 25 Arms act and falsely implicated some alleged co-accused on information provided by the police informer stating in their story that it were these accused arrested on the night of 27/28-08-1999 for planning to kill the mother of victim of 364/302/201 IPC and accordingly some discoveries u/s 27 Evidence Act in contravention to sec166(3&4)CrPC and these accused repeated the same story as was alleged by my son in jail on 26-08-1999.But FTC where these co-accused were tried did not buy police story since the conspiracy was hatched in a house which was in occupation of some Ram Deen and FTC decided in favor of co-accused and they were let off on these charges.Now the question is:
1)If the theory of conspiracy was rejected by FTC and the statement and recoveries u/s 27 Evidence Act were nullified by it then what about the information which police had from these accused?Should it be treated as information provided by the co-accused u/s 27 Evidence Act because even if the statement of my son was not acceptable in law and police fabricated his statement.Then how 302-201 IPC was added to 364 IPC and while addition of 302 IPC, none of the accused were produced before the court.Does police has the power to keep on adding the IPC's at will even when the case is subjudiced?
2)If the FTC had rejected police theory u/s 115-120B IPC per se, should the arrest of these co-accused would still be valid or it would be treated as illegal arrest?
3)And if the accused were let off by FTC and the Session Court retrial of the co-accused u/s 364-302-201 IPC would be legal though they have been absolved of the charged stated above u/s 115-120B?
4)Police alleged that motor cycle of my son used in the crime u/s 364-302-201 IPC was also recovered during arrest u/s 115-120B-25 A.Act.How come it would be accepted as such?Then who would be held responsible for removing motor cycle unlawfully from my house in our absence?Would it be simply a theft u/s 380 IPC by police or the FABRICATION OF EVIDENCES?If so what would be the remedy for us?
Isn't brain storming?
Comeon guys have some answers?
But please dont speak of GO FOR APPEAL because that simple answer is known to even street urchins.Is no remedy available in the present scenerio?
And kindly dont pre judge me for being under stress because I have gone through greater stress than these being in the Indian Navy and I am very proud of those stress for serving the nation.And in the same way I am feeling about the case of my son.
Altogether I paid around Rs.2.5 lakhs for hiring those meek and submissive defence lawyers and if money could buy everything then Katara's killers would never have had been convicted or Hasan would have been enjoying at Swizerland.
NOTE:Even if I do not receive any reply from the Experts dont imagine that I would depart from this column in frustration as I am very very optimistic.Thanks being patience to read my story.REGARDS.dhusia599@gmail.com
