304b - how to speed-up case proceedings

Sir, in the light of the facts and circumstances, ask your counsel to bring ur grievance to the notice of Incharge judge.. Regrds..... Adv.Balachander Reddy, B.Com,LL.B,LL.M IPRs frm hyd. # 9959850723

Go with the advise of your lawyer. Get your passport released from court.

Dear Sir,

Thank You for your advice.

We have been asking the Judge to provide us a schedule for the trial. Each time, we get the same reply that he would do it the next time. However, he has been saying this for the last 5 hearings. My lawyer says that we cannot be forceful as the Judge can take offence.

I do not know what to do.

You can seek high court directions for speedy trial.

But you have to take one caution.

In 304B the accused has to prove that he is innosent.  The police doe snot have to prove his malafide or complicity.  The police only hs to prove that :-

1. There was a marriage.
2. There was a death.
3. death was within 7 years of marriage
4. death was unatural

All the four factors are matter of record and early the trial is conducted earlier you all go in jail for minimum 7 years.

So such step can be taken only if (in considered opinion of your advocate and not your opinion) you have strong evidenc eto prove innosence.

Dear Sir,

I am no lawyer but from whatever I have read, the above four conditions are sufficient only to file a 304B case against anybody.

However, the Prosecution still has to prove that:

a. There was a demand for dowry.

b. There was cruelty involved.

c. There is a live-link between the dowry demand, cruelty and the death.

Absence of any of these is sufficient for 304B not being applicable.

Else, in these days of blatant abuse of laws, any death of a woman can be milked by the Police to file 304Bs against the family of the husband and do extortion.

Originally posted by : Sudhir Kumar
	You can seek high court directions for speedy trial.   But you have to take one caution.   In 304B the accused has to prove that he is innosent.  The police doe snot have to prove his malafide or complicity.  The police only hs to prove that :- There was a marriage. There was a death. death was within 7 years of marriage death was unatural   All the four factors are matter of record and early the trial is conducted earlier you all go in jail for minimum 7 years. So such step can be taken only if (in considered opinion of your advocate and not your opinion) you have strong evidenc eto prove innosence.

I do not agree Sir. the prosecution can not shy away from discharging the burden of proof. it has to prove that the dowry death was a result/ in succession of the harassment meted out to the deceased for the unfulfilled demands of dowry. further, not all the accused can be acquited if prosecution has to prove just the above 4 ingredients. Prosecution has to conclusively prove the complicity of the accused persons. 

As Sudhir Sir said, you can surely seek High Court directions for speeding up the trial.

those who have not read s/304B may read as under

Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or har­assment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.

so thqat stature requires only following thinsg to be proved

1. death of a woman is
2. caused by any burns or bodily injury or occurs otherwise than under normal circumstances
3. within seven years of her marriage and
4. it is shown that soon before her death she was subjected to cruelty or har­assment by her husband or any relative of her husband for, or in connection with, any demand for dowry,

such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.