498a & 406
Mustafa Bhat
(Querist) 03 May 2014
This query is : Resolved
Sir,
Today I discussed my 498A & 406 Case with my friend who is also a Lawyer.I got confused rather than advise.
PW in while deposing Statement in Court said
1)That I have beaten my wife because of which she gave birth to a dead baby.
When cross examined they said we didnot asked Doctor for such report & the accused tendered apology.So didnot made complain at that time to police.
While as nothing this sought has been mentioned in 161 Statement of PW.
My friend said to me that 161 loses its credibility after deposing Statement in court.
Is it so,I feel it is afterthought & addition to 161, which is in benefit of accused but he said no.
Please advise will it help me are complainant.
2)Another PW in Court said I told him that my inlaws have promised give/buy a flat for me which they didnot.
This could not be cross examined as it i feel skipped out of mind of my lawyer.
While as nothing this sought has been mentioned in 161 Statement of PW.
Same was said to me by friend what he said about earlier case.
Please advise will it help me are complainant.
3)Another PW in Court said I demand car & cash from them.
While as nothing this sought has been mentioned in 161 Statement of PW.
Same was said to me by friend what he said about earlier case.
Please advise will it help me are complainant.
They said lot of grab but these 2/3 points are addition to their 161 statements.
I got confused please help me out.
4) But 2 out of these 3 PWs said we made complain in police so that compromise will take place at the end in cross examination after saying lot of grab.
5) Main Complainant (lady) is still to be cross examined.
Mustafa Bhat
(Querist) 04 May 2014
Sir,
This I discussed with my friend who is my School mates & I came to know that he is Lawyer just when i meet & discussed whole story at length with him.
My lawyer for the case is another Person.
SO please suggest what about the additions made by PW during deposing statement in court about which they have not even whispered in 161 Statement
Kiran Kumar
(Expert) 04 May 2014
Statement u/s 161 CrPC is relevant but not admissible in evidence as the same is made before police.
Better seek help of some another lawyer at local level who can go through the entire case including evidence in order to clear your doubts.
Mustafa Bhat
(Querist) 04 May 2014
Sir,
The facts of the case are as under
Statement of Witness NO 1
Statement of Father of Complaint U/S 161
I am resident of Srinagar & am retired Govt employ & now doing business. The marriage of my daughter was sermonised to AAA in year 2007.During the marriage she delivered two babies one died & 2nd is alive. After some time of marriage my daughter was beaten in addition to her husband by her father-in –law, mother-in-law & brother of the husband, they used to make demands of various articles, my daughter being an officer and used get good salary which her in-laws used to take from her regularly in spite of that they used to make the demands. My daughter belongs (Jaidad) which include Gold etc which was given at the time of marriage to my daughter and after that has been illegal taken away from daughter whose list has been already submitted on 29-11-2010. When the husband including in-laws were asked to return back the belongs which include electronic gadgets & Gold they used to play delay tactics and some part of belongs of my daughters has been used in the marriage ceremony of the younger brother of the accused which caused mental agony to my daughter. My daughter was several times beaten by in-laws as my daughter was holding a good official position so she did not disclosed/ complained anywhere regard this maltreatment & as she feels in society they will lose the respect. My daughter was pregnant, beaten & thrown out of her matrimonial house & from that day the lady is at her father house living in difficult conditions .When my daughter told me all such happening I in order sought out this issue tried to settle it amicable through the relatives of the accused, but of no result.AAA has several times accepted his mistake & apologised for the same also & even said he will tell his parents also to apologise. But the character of AAA was full of bad qualities because of which AAA instead of trying to get solution to the problem used to extend it and used to enjoy his unsocial activities. My daughter was complied to take the loan in lacks from the bank & was taken away from her. At time of delivery of the baby lacks of Rupees were spent, which was all managed by the parents of the lady & no one from the husband’s family came even to see her .After that the new born baby was operated but the in-laws of the complaint were busy with marriage ceremony of their younger son & no attention was given towards the baby & neither came to see the baby in hospital. The husband & his parents are doing self-indulgence, greediness & spoiled the life of the complaint. Till today lot of affords were done to sought out the issue but of no use. Now i came with my daughter to Women Police to put my statement.
Statement in Court in presences of Examining Chief
XYZ age 65 years knows the accused present, CPO present. My daughter who is an Assistant Director in TED was married to accused in 2007.During the marriage two daughter were born from my daughter, from which one is alive. First one because of beating by the accused & other family member of accused including father, mother, brother of accused the complaint gave birth to a dead baby which was due beating of complaint. Because the accused & other family member from very first day were demanding more & more dowry and we people because of our daughter time by time used to give cash, other articles, Golden ornaments & cash for the car. This caused mental agony to my daughter. The demands of dowry of accused increased & my daughter complaint in addition to her salary used to take loan from other friends in order to full fill the demands of accused. As the accused tendered apology to the complaint after the death of first baby making the complaint quite. And said in future won’t do any cruelty & beating. Then we send the complaint again to her matrimonial house, but unfortunately my daughter complaint hided this cruelty so that in the society they might be not respected but accused took its undue advantage & made the life of complaint hell. When my daughter went back to her in-laws house & there was no change in attitude of in-laws & they again started demanding dowry. Few days after marriage the complaint came to know that the right hand of accused has joint fingers & he used to keep his right hand in pocket only so that no one get information about it. My daughter got a shock due to it and when she asked to accused about it, he tendered apology and then the complaint took the accused to Apollo Hospital & operated the accused, they remained there for 1&1/2 month. All expenditure incurred in this operation was beared by the compliant. Later the accused illegal took away all the belongs (Jaidad) of complaint & some of it used in the marriage ceremony of his brother & rest of belonging (Jaidad) are with accused. Belongings including Gold; Laptop, who cost is Rs 20 Lacks. After this accused opened the account of his Sins and accused had illicit relation with another girl who frequently used to come to the house of accused because of which the accused used to maltreat the complaint.
Cross Examination.
Yes my daughter was married on 02-09-2007.I don’t remember the date when the dead baby was born from my daughter. I was in City Hospital with the daughter. Doctor didn’t gave the reason for the death of the baby because I didn’t asked same from the doctor but the baby was dead because of torture.2nd baby was born in August 2009.In 2010 my daughter was beaten & accused throw her out of the house. Accused & other family members of accused used to beat my daughter by Hand, Legs & by logs. When 2nd baby of accused was born doctor didn’t gave any report of torture. This is not correct that the accused has posted Divorce to the lady on 14-09-09, but this is correct that my daughter lodged a case for Crpc 488 in the court on 19-11-2009.Yes my daughter also lodged a case in City Munsif Court for RCR ,but i don’t remember the date when the case was filed in this case my daughter didn’t said anything about the torture, because the complaint for the sake minor child didn’t wanted to deteriorate the relation further. In the Case of RCR it is not written that the relationship between the complaint & accused was going smoothly & later they have shifted to Srinagar. My daughter Complained in Women Police because accused didn’t used to come forward for solution (Fasila). Yes this is correct that we wrote the complain in police after 20 months because i wanted the complaint & accused , because it was not an issue one child it was an issue of two Childs. XXX has illicit relation with the accused. In 161 I said about the illicit relation of accused but not the name of lady. In RCR my daughter didn’t said anything about divorce but accused in High court has asked time for reconciliation. Yes it is right that in Humane right we filed a case against accused & case in other places also, complain to minister also. I don’t remember about the Complain to IG. Yes it is Correct that accused is a Junior Engineer & my daughter is an Assistant Director but in matrimonial relation the position has no role. Brother of accused is working in BSNL as Technician. The accused family doesn’t have good financial status. The relation between my daughter & accused was arranged by a middleman. Yes, I went to see the Accused & his house before marriage. Ring Ceremony was made in my House. I verified about the accused before the marriage but they didn’t say correct about accused. I have been to the house of accused 2/4 times; accused & his family members used hard language against me but didn’t beat me. After 3 months some ill feeling was felt between the accused & complaint. But the accused & family member of accused repeatedly used to demand dowry from complaint. It came to my knowledge later. This is not correct that there was some problem between accused & complaint in 2009 but the demand of dowry & illicit relation of accused was from the early days. Yes it is correct, after the death of Ist baby I made compromise between the accused & complaint & sent my daughter to her matrimonial house. The accused tendered apology for future strained relation. The articles were given by me to my daughter. I was accompanying my daughter when she gave a complain to police against the accused. We have give report in police so that the compromise will take place between the accused & my daughter Complaint. No questions after this
Witness No 2 (PQR)
Statement of the Witness (PQR ) in police station U/s 161 for RPC 498A & 406
I am resident of Srinagar & I am having fully knowledge that the daughter of one of my best/nearest friend Sanna got married to AAA in 2007. At the time of marriage Sanna was given lot of Dowry with her which include house hold item in addition to Golden Ornaments. After some period of time inlaws which include husband, Father in law, Mother in Law & Brother of Husband started torturing & beating her. Used to fight with her on ever issues which caused mental agony in her. They used to demand different items which the parents of the applicant cannot full fill. Applicant was compelled to take the loan from the bank & which she did. Applicants dowry which includes Gold which applicant brought with her at the time of marriage has been illegal taken away from her by her inlaws & when asked to return back they used to play delay tactics (TALLMATOLL).Efforts were made to sought out the issue but no results. In April 2009 the lady was beaten & thrown out of house when she was pregnant. I also tried to settle the issues but the in-laws of the applicant were adamant on their own words.
Statement In Court in presence of Examining Chief
CPO present, Accused present.
Witness No PQR said I know the accused very well. I know Complainant very well & I am friend of the father of the Complainant. Lot of injustice has been done on the Complainant. The Complainant & accused were married in 2007 with all customs & rituals, the Complainant went to her in-laws house after marriage, and the Complainant was maltreated & suffered a lot of torture. I also intervened in this issues in order to settle the issues , the accused said that the parent’s of the Complainant had made some commitment with me that they will built a house for me which they didn’t fulfilled. The accused agreed that he is ready to do the compromise but the parents of accused are not ready for compromise. The Complainant is in difficult conditions & is living hard life from lost 4 years.
Cross exam by my Lawyer:
Yes I am the friend of the father of Complainant, because of which the Complainant came to me to & told her happening at her in laws house. Yes In Feb. 2010 I called the accused through his cousin. This is not correct that acussed told me that I have divorced the lady but he said I have dispatched some notice to her. Yes in March 2010 I along with Uncle of Complainant went to the house of uncle of accused were no compromises aroused. I don’t know the family members of the Complainant & nor I have ever visited their house, I have never seen accused beating the Complainant but the Complainant said to me that I am beaten by Complainant, Which resulted in the absorption of my baby. After that the Complainant again went to her in-laws house. The Complainant & accused had a good relation with each other but the in-laws of the Complainant used to ill treat her. The Complainant never complained against the accused nor the accused complained against the Complainant. But the Complainant said to me that the parents of accused are ill treating her. Did u have any information about the second marriage of accused? I don’t have any information about the second marriage of accused. I don’t have any personal information about the dowry but being neighbour I have heard the Complainant was given a lot of dowry. Did the Complainant go to her parental house on Feb 28, 2009? I don’t have any information about it. Yes the lady has taken the loan but when she took the loan & when she liquidated I don’t have any information.
ajay sethi
(Expert) 04 May 2014
summarise your query in brief .
Raj Kumar Makkad
(Expert) 04 May 2014
None of the experts has sufficient time to go in detail in your lengthy query. Make it on brief and post.
Mustafa Bhat
(Querist) 05 May 2014
Sir,
My point is
One of PW during deposing the statement in front of Examining Chief said the accused told me
1) I was promised for house by my inlaws which they didnot gave me.
2)I have killed my first baby due to beating to my wife.
Other PW in addition to other grab Corroborated the same even though none of PW has said this in their statement U/S 161.
So, what is credibility of such vague statements.
Father of Complainant (PW) in front of examining Chief in court said
1)I have killed my first baby due to beating to my wife
2)I took cash for car from them.
3)I demanded money & goldfrom them.
While nothing like this was said in Statement U/S 161
Is court going consider such afterthought allegations.
Advise please.
ajay sethi
(Expert) 05 May 2014
1) you can cross examine the PW on the allegations that on accounts of physical assaults made your wife lost the child .
2) whether any police complaints were made of assault ? any medical evidence on record to substantiate these allegations .
3)if any cash was given by in laws whether declared in income tax returns ?
4) similarly your in laws have to substantiate case that car was given to you .
T. Kalaiselvan, Advocate
(Expert) 06 May 2014
If you deny all the assertions made by the PWs during trial, the contradictions found to that of the 161 statements and chief examinations are to be established in the cross examination. Mere observations will not in any way going to help you in challenging their case against you, you have to make them to commit blunder mistakes during cross examination by shooting various related questions to their un-found theories during cross examination, if your lawyer is erroneously skipping one or two issues, you may remind him by drawing his attention during the ongoing proceedings.
Sudhir Kumar, Advocate
(Expert) 08 June 2014
ou ask
" if as alleged the list submitted is a dowry demanded than how misappropriation of dowry will come, so if it so then will 406 exist"
I repeat
"consult some lawyer in person, with with full papers"
You do not understand both the provisions.
Sudhir Kumar, Advocate
(Expert) 08 June 2014
you are already advised on one of your repeated thread.
you are spreading facts on so many threads and expect experts to hunt for the facts and then advise you.
Raj Kumar Makkad
(Expert) 08 June 2014
Why are your repeating your posts on the same issue again and again?
