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Ramana N V (software engineer)     31 December 2012

304b case

Hi every one,

 

I am a software engineer and got married on 6th-APP-2012 to a far relative, she is also software engineer, after marriage on 12th app I went to Hyderabad where I use to works and she went to pune on 30th app (she use to work there). I didn’t taken any dowry in any form.

 

On July 29th she came to me by resigning in his company as it fails to relocate her to Hyderabad. I shifted my house from my negative place to Hyderabad along with my mom.

 

We three stayed in Hyderabad for 5 days later she went to her mom’s house in order to perform some poojas and my mom went to a spiritual tour

Again she came to me on Aug 16th and from then onwards I observed a lot of difference in her behavior, always she is in mood of mode.

I given her much love feeling that she will be fine with my love and affection, on Sep 4th her mom came to my house, After her arrival my wife’s mood became too bad.

Four days later her father also came to my house saying like to see how we are.

After two days stay my wife’s parents went back to their negative place.

Three days later... In morning i am trying to book train tickets online by sitting in hall, she went to wash room (present in my bed room) saying she is going for refresh.

She locked the bed room and wash room from inside.

As there is no response from her for long 45 mins i climed to the ventilator of wash room from out side and found she was hanging in wash rome. i shouted like any thing.

With the help of the neighbors we broken down the bed room door and later the wash room door and taken her to nearest hospital. Unfortunately we fail to save her and she is no more.

Her parents register a false 304B case on me and mom  saying I demanded money to go to Dubai and my mom demanded 2 kg silver in order to performe poojas (which are false).

After completion of 48days remand I got a bail and now we came to know she had some affairs with someone else and she doesn’t like me at all so she committed suside.

 

è  We both stayed hardly 20 days together and I never asked her for money or any other things infact i transfered money to her account for her use

è  Me, my mom and my wife stayed together for hardly 5 days

è  We never ill treated the girl in fact we given  best love to her

è  I am software engineer and I had still 2 years work agreement with my present company and I have nothing to do with Dubai (A complete falls allegations from her parents)

è  No death note was found

è  Incident before night I made a call to her father in order to enquire his health condition and they described that phone call as I demanded money, which is completely false allegation.

è  In the charge sheet there are no evidences except the false statements of my wife’s parents and his uncles

 

Questions:

 

è  Why the police has filed a false case of 304B on me without any primary investigation.

è  Is quash works for me

è  How strong this case is?

è  Is the court considers the parents and his uncles false statements?

 

Your valuable suggestions required as I am in deep stress and pain.

 

Please kindly help me out…..please……………..

 

Thanks...

Ramana

A Victim of false 304B Case

 



Learning

 9 Replies

Kwatra Corporate Advisors (Advocates)     31 December 2012

Please get in touch with us at 8285024246

 

Thanks

 

Jaskeerat

Kwatra Corporate advisors

Ramana N V (software engineer)     31 December 2012

HI Jaskeerat,

Can i call u now?

Kwatra Corporate Advisors (Advocates)     31 December 2012

sure... please get in touch

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 December 2012

Dear Ramana

First of All i want to tell you about one thing that according to section 113B of Indian Evidence act

113B. 4[ Presumption as to dowry death.- When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death. Explanation.-- For the purposes of this section," dowry death" shall have the same meaning as in section 304B of the Indian Penal Code.]

Answer: 1. It is police duty to registred a case or FIR if get any information that a cognizable offence had been committed.

2. If you have very strong proof in your favour only then Quash petition will be useful otherwise not.

3. According to above noted section the burden of Proof lies upon you to prove that you are innocent.

4. It is the matter of Trial, if you advoacte or you are not able to disprove their statement the statement will be consider as proved if they proved the statement.

 

Read The atteched judgement.


Attached File : 1027796978 sc judgement on 304b ipc dowry death.pdf downloaded: 154 times

Ramana N V (software engineer)     31 December 2012

Hi Every one,

I am so thankfull for all your quick response,

Is the burden of proof lies on me?

How can i prove that i did asked or erassed her for dowry?

The truth is i never asked her or her parents for any kind of dowry. how can i prove that?

Please kindly suggest me how i can prove my self?

Thanks in advance

Regards

Ramana. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 December 2012

Hi Ramanna,

 

Don't be too worried, the burden of proof shifts to you only when the prosecution has proved thier case. It can not be said that burden of proof is on you alone.

 

You can still puncture the story of the prosecution.

 

I slighlty disagree, recently Supreme Court held

The law does not enjoin a duty on the prosecution to lead evidence of such character which is almost impossible to be led or at any rate extremely difficult to be led. The duty on the prosecution is to lead such evidence which it is capable ofleading, having regard to the facts and circumstances of the case. Here it is necessary to keep in mind Section 106 of the Evidence Act which says that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustration (b) appended to this section throws some light on the content and scope of this provision and it reads: (b) A is charged with travelling on a railway without ticket. The burden of proving that he had a ticket is on him.

Where an offence like murder/ demand of dowry/ cruelty is committed in secrecy inside a house, the initial burden to establish the case would undoubtedly be upon the prosecution, but the nature and amount of evidence to be led by it to establish the charge cannot be of the same degree as is required in other cases of circumstantial evidence. The burden would be of a comparatively lighter character. In view of Section 106 of the Evidence Act there will be a corresponding burden on the inmates of the house to give a cogent explanation as to how the crime was committed. The inmates of the house cannot get away by simply keeping quiet and offering no explanation on the supposed premise that the burden to establish its case lies entirely upon the prosecution and there is no duty at all on an accused to offer any explanation.

Akshay Sahni (Founder/Partner)     31 December 2012

 

Dear Sir,

We would be able to help you through, for any further details please visit firm's website : www.indialawhelp.com

 

Regards

Akshay Sahni

Advocate

09891982832

Partner

India Law Help


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