Hi Expert,
I dont know how and where to start but I am very hopeful to get some good advice for the case my family is going through.
My sister-in-law along with her family, has implicated my brother(36 Yrs), father(75 Yrs) and mother(69 Yrs) and they are registered under IPC Act:
341, 342, 323, 326, 307, 498(A), 34, 302, 304(B) and 3/4 dowry act.
My brother is mentally unsound and even after knowing the fact they followed us for 2 years for their youngest daughter leaving her elder daughter unmarried. The only reason for doing so was "NO" demand for dowry and compartively very high economy family. We are 3 brothers. I am settle abroad and my other brother is working with MNC and both married with kids. The yougest one was metally unsound and could not manage to do anything. He use to live with parent and had small grocery shop within campus which was hardly running with 1-2 customer a day that too for candies.
Just after the marraige we noticed irregular behaviour in our sister-in-law. Sometimes she use to behave very nice while other time her behaviour was extermely arrogant and diversified. She use to use all abbusive language. Later we identified that she is getting instigated with her family to do so. I have some proofs that are not admissible in court. Her sister even called my father and elder sister-in-law and threatened them to implicate us in dowry case and put everyone of us behind the bar. While doing so, she was proclaiming to be some XYZ person from NGO which never existed. We notified both in written and verbal to the girls family. When they noticed that we are getting to know the reality, they started charging us. Nothing stopped and they kept on disturbing and instigating. 4-5 month later they arranged some advocate to call and warn us. Almost after one year of all this, my sister-in-law suddenly put fire on herself and ran out of home shouting that her husband and in-laws trying to burn her. Later she added to her statement that her in-laws were demanding money for which she was put on fire. The allegation is, husband and father in law hold her and put inflamable oil and my mother lit the matchbox.
Interestingly her sister's husband who was also involved in NGO threat calls visited our house just 9 days before the incidence while my parent were out of town and her brother had a reservation one day after the incidence.
The girl family has some good contacts because of which police has written complete diary against us. The influence is so high that even our lawyer's are getting hostile just before the court hearings. As a result my mother bail was rejected even in the high court. Please note that my mother has very high uncotrollable diabeties, Very High Blood Pressure, Cardiac issue and other complexities. She also underwent spinal cord surgery last year. She can barely walk. She was admitted to hospital several times for uncotrollable situation in Jail.
On the other hand girls family has put all false allegation including regular demand of dowry. You all know what happens in such cases. No body in there statment talked about NGO threats and email conversation we had. Infact both her sisters who were involved in threat call were kept aways from the case and no statement recorded fom them.
For us, police wrote in diary that we haven't gave any statement and said that we will give our statement in the court room only. This is how they kept us aways from putting any statement.
I am seeking expert advise on our situation as to:
1. We are trying to hire lawyer from some other state but I dont know doing that will be advantage or disadvantage.
2. When and how to re-apply bail application for my mother. Do we need to go back to trial court ?
3. What should be the content for my father's bail application in high court. Should we go on merit or Medical and age ground.
4. What are the chances my father will get bail.
5. Can we move to supreme court for my mother's bail application. What are the chance of getting relaxation ?
6. What are the chances of getting aquittal. We are alreaady in touch with few lawyers and as per them the diary is so well planned.
7. Should we put the mental condiation for my brother in front of court. Will there be any adverse effect of doing so ? If no, what is the procedure for doing that ?
