U/s 302 IPC

Guest (Querist) 10 August 2010 This query is : Resolved
If in the post martem report no bullet is found despite of firing clause in the FIR what plea we can take to acquit the accused in this case!
any suggestion from the big criminal lawyer to a new biginner!!

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Ajay Bansal (Expert) 11 August 2010
THAT VERSION OF THE COMPLAINANT IS DOUBTFUL.

Devajyoti Barman (Expert) 11 August 2010
The version of the witness has more value than the expert medical report. Several decisions are there.

s.subramanian (Expert) 11 August 2010
yes. i agree with barman.

Guest (Expert) 04 November 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9960223100, 9271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com

REGARDING CASE UNDER SEC.302 OF I.P.C.KINDLY NOTE THAT

1.YOU MAY CAREFULLY STUDY THE F.I.R.AND CHARGE FRAMED AND CHARGE SHEET SUBMITED BY POLICE.
2.YOU HAVE TO CAREFULLY STUDY THE SEIZURE PUNCHANAMA OF THE CASE.RECOVERY OF ARMS USED FOR CRIME AND CORRESPONDING MEDICAL REPORT,POSTMARTEM REPORT
3.KINDLY STUDY POSTMARTEM REPORT REGARDING THE CAUSE OF DEATH, INJURIES ON THE DEAD PERSON.
4.YOU CAN TAKE THE DEFENCE ON FOLLOWING GROUNDS.
A)DELAY IN FILING F.I.R. -CHECK THE EXACT TIME AND PLACE OF OFFENCE AND TIME OF FILING F.I.R. CAREFULLY STUDY THE CONTENTS AND CHARGES IN F.I.R.
B)KINDLY CHECK ANY ADDITIONAL CHARGES AND SECTIONS I.P.C.ADDED BY POLICE IN CHARGESHEET AND FINAL REPORT.YOU MAY OBJECT THE SAME AS F.I.R.ONCE FILED CAN NOT BE EXTENDED.PLEASE NOTE THERE ARE CITATIONS OF SC.ON THIS.
C.YOU MAY ALSO TAKE THE DEFENCE OF ALIBI.IN CASE ACCUSED WAS NOTE PRESENT AT PLACE AND TIME OF OFFENCE AT THE TIME MENTIONED IN F.I.R. YOU CAN PRODUCE THE DOCUMENTS THAT HE WAS AT SOME OTHER PLACE OR PLACE OF WORK AT THE TIME OF ALLEGED OFFENCE.
D) YOU HAVE TO CAREFULLY STUDY THE CHEMICAL ANALYSER REPORT (C.A. REPORT)REGARDING WEAPON USED IN CRIME,BLOOD REPORT AND GROUP OF BLOOD OF DECEASED AND THE ACCUSED (IF CLOTHES OF ACCUSED HAVING BLOOD STAINS WHETHER THE BLOOD REPORT MATCES WITH CHEMICAL ANALYSER REPORT)
E)BALLASTIC EXPERT REPORT-REGARDING THE WEAPON USED IN THE OFFENCE .WHETHER THE FIRING WAS POSSIBLE FROM THE SAID WEAPON.YOU MAY PREPARE YOUR DEFENCE
ACCORDINGLY.
OF COURSE THESE ARE BRIEF POINTS OF DEFENCE .KINDLY NOTE THAT AS PER EVIDENCE IN EACH CASE YOU HAVE TO TAKE AND MODIFY DEFENCE AND BE PREPARED FOR THE CROSS EXAMINATION OF WITNESSES.
GOOD LUCK.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY SEND THE COPY OF F.I.R./CHARGESHEET BY E.MAIL WILL HELP YOU.GOOD LUCK.
WITH BEST REGARDS TO ALL.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

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