Conviction under section 302 solely on judgement
Querist :
Anonymous
(Querist) 26 January 2018
This query is : Resolved
i joined army as short service commissioned officer in 2008..and got married in feb,2013 thereafter...i got approval for permanent commission on july,2013 but in betweeen my wife committed suicide and a police case under section 304-B was registered against me on 10th july,2013..my permanent commission was supposed to get effective from 20th sept,2013 and since this incident happened approx 03 months before the effective date so it was put on hold till the pendency of this case....after 09 months from the incident date a letter was issued from the army Hq as "speakiing order " to me iin jail that u have been released from service as ex- service man and since this case is pending against me ....so whenever u get exonerated from this criminal case u may approach for the re-iinstatement of service...
Now ....after two months i got convicted by trial court under section 302 and not 304-B...acutually a viscera sample of my wife was sent for analysis and the report shows "Organophosphorous poison" and based on this report only the trial court convicted me under section 302 IPC for life imprisonment....
now i would request you to please clarify me a very simple question/clarification that:
assume i get acquittal from this case by high court then will i get back my job along with back wages and full promotion as on that date with interest or it depend upon case to case matter...or any other reason please do specify....with regards,
N.K.Assumi
(Expert) 27 January 2018
Engage expert criminal lawyer and appeal against your convictions. Doctor and Expert opinion are not conclusive and does not binds the court. If convictions is based only on viscera report, further examination of evidence is required.
Querist :
Anonymous
(Querist) 27 January 2018
with due respect
why the chances are not very strong....i have uploaded my judgement copy here just now....i got convicted by session court and the case is still pending at Punjab High court. I have also engaged a senior criminal advocate, who is of opinion that the police while registering the case added only 304-B but during the court proceeding they have added 302 ipc as alternate thereafter they convicted me on the alternate charge.
i must mention here that there was no witness examined as eye- witness or material witness in my case. However, the case was registered by my in-laws and they are the only one who are witness apart from doctor's statement/medical evidence.
Sudhir Kumar, Advocate
(Expert) 27 January 2018
So you want to ensure that the charge of 302 is dropped and 304B is restored wherein onus of proof is on accused and one can be convicted on presumption.
If you succeed in drop of 302 and as your lawyer says 304b nay be on. In such case the case will still be pending.
Querist :
Anonymous
(Querist) 27 January 2018
No sir, basically while convicting me the trial court judge has mentioned very categorically that the indregients required to convict person under section 304-B are lacking genuiness and not complete and i find this case to be a murder case so on.......
