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In a recent fight my uncle attacked his cousin with a knife.

Guest (Querist) 08 June 2018 This query is : Resolved 
Hi,

In a recent family fight related to property which took place yesterday my uncle attacked his cousin with a knife. In which his cousin got injured and had to be rushed to the hospital. His current status is out of danger but had got stitches on his stomach. Seeing his cousin bleeding my uncle fled from the spot before the police arrived. We don't know his whereabouts and are extremely worried as to where it would lead us. My uncle's cousin was coming to our house and threatening us from last 1 month and on the day this crime took place he was abusing my uncle's mom and sisters along with him, which led my uncle to lost his cool and get a Vegetable Knife to attack. My uncle is a law abiding person and a taxpayer with no police records in the past. What would be the sections imposed on him ? Is there by any chance we can apply for a bail on his behalf ? Please suggest the best possible solution. Thanking You
Ms.Usha Kapoor (Expert) 09 June 2018
Your uncle is guilty of culpable Homicide not amounting to murder .It is non compoundable.. and non bailable.As bail is rule jail is an exception you contact an Ace criminal lawyer to defend your uncle and get bail for him.Apply for Anticipatory bail. Any moment your uncle maybe arrested.


Indian Penal Code, 1860

304. Punishment for culpable homicide not amounting to murder

Whoever commits culpable homicide not amounting to murder shall be punished with 104[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death,

or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
Dr J C Vashista (Expert) 11 June 2018
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