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idiotsociety (Private Business)     31 May 2011

302/304(B) Statements of inlaws

Dear Learned,

    The Case of 302/304(b) is booked against me and my family.

     inlaws in the statement to Asst comissioner stated that deaceased called them over phone on 04/02/2009 to tell that we were harassing her.

     But in contradition,  in the charge sheet it is mentioned that on 05/02/2009 morning (date of sucide) the deaceased called her father and mother to tell that we were harassing for extra dowry.

     Will the statements of the inlaws are taken into consideration?

     Does Honorable Judge take the contradition of dates in to  account as a matter of flase creation of by police/inlaws?

     If at all she called her mother or father that we the proof that will be produced by police to honorable court?

Thanks

        



 6 Replies

adv yash (professional)     31 May 2011

yes, the original complainant is in-laws hence there statement shall considerable, the contradiction of the dates may be a errornious mistake.

1 Like

prashant pundhir (Criminal Lawyer)     31 May 2011

The statements of the inlaws will taken in to considration at the time of the bail only .Contraindication in the dates is not so important here . Also mantion that what the FIR says in the matter .

1 Like

(Guest)

As a matter of fact, if there is a proof of phone call that date will b taken to b the fact. If there is no phone call for either of those dates then you can easily prove the allegation to be false and their witness can b rejected by the court!

3 Like

Arup (UNEMPLOYED)     01 June 2011

do you have the copy of inlaw's statement to Asst comissioner ?

the confusion created by the dates are important though they will say that it is a clarical mistake.

therefore the other points be checked by a good criminal lawyer. 

1 Like

Om Prakash Dhusia (HR assistant)     05 June 2011

Dear learneds, at this point of time aren't we all discussing a vague question? Let the case come up for hearing in the court then one can submit arguement with evidence in his defense. The dates matter but that has to be submitted before the court either you wanted FIR to be quashed or trial to take place. Don't just start deliberating on something in supposition.

The court is the right forum to ask/answer such questions.

Regards

ashwani vij (head)     06 June 2011

us 304b there is presumption us 113b evidence act courts shall presume tht burden is uopn accused to prove there innocence u have not mentioned any sucide note or any incriminating material against u its a matter of trial how ur lawyer examine prosecution witnesses to rebut prosecution story some how honble court can look intoi d matter frm d angle of 113b indian evidence act thy might have added 306 ipc in alternative insteag of 302 ipc 


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