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hussain (teacher)     23 September 2013

498a 306 eventhough no dowry harasment in charge sheet

Hi, I got married to a non muslim girl in the year 2003 and was survived by a kid of age 5 years. My wife commited suicide two years back and killed my only child due to her adamant and rash and anger behaviour. My inlaws filed a false harrasment case with 498A and 306. I got bail and my case is running and is in final stage. There are 7 witnesses. PW1 to PW5 (inlaws) interested witness.  PW6 and PW7 are my neighbours family. All PW1 to PW5 accused falsely of religious harrasment like i was compelling her to follow muslim religion while it is not. There are photos and strong evidence with me that i used to take care of my wife and child like photos..gold ornaments bills that i got her etc. we used to visit temples as well, I was very social and had less importance on religion.

The actual reason that she commited this crime was my inlaws from the begining were against her marriage while my faimly accepted her and the marriage took place in muslim tradition along with my family while no one attended from there family even though my father invited her family for marriage. After marriage every thing was going smooth unless my three sister inlaws started interfering in my personal affairs by pursuading my wife that why you live like a muslim and because of you no one from our family is coming to our home and there are two children who are of marriage age to my sister in law. because of interreligion marriage no one are coming for the match for there children. whenever my wife used to go to my inlaws house she used to be in depressed condition and irritation. The same anger she used to show on me and my child. she used to beat child for no reaon.she slowly started avoiding my entire family. If i want to go to visit my parents she used to threaten me to commit suicide and she used to go out of house by taking child in the night times just to harrase me and to avoid my parents. the same thing is noticed by my neighbours also. The PW6 and PW7 explained this true fact very clearly in the court that my wife used to harrase me, I never harrased her at any point of time. She also tried to commit suicide 3 months back of this incident which was noticed by my neighbours. The same is stated by the neighbours in the court as well.

My question here is will the statement of interested witnesses stand by any chance and what is the percentage rate of my acquittal.

One more thing when the incident occured i was in my native place, this is clearly mentioned by my inlaws and neighbours in the chargesheet and in the court as well. No where in the chargesheet dowry name is mentioned. will 498A stand in this case and how about 306?

My wife had a heated argument with my sister in law who also resides in same city, before this incident. She was the first person to visit my house when my wife commited suicide, afterwards the neighbours came while i was in my native place. One day after the incident the FIR was lodged. At that time i was in trauma and didnt realise the situation, my inlaws cleverly filed FIR after one day ( they thought that the case will come on them because my sister in law first visited my house) so the blamed me for no reason and filed case. Almighty knows the best the trauma i am undergoing from past two years. Keeping the neighbours evidence can i file a case against my inlaws for falsely accusing me ( because they are the ones who are the reason for this entire incident and they should also suffer the trauma that i underwent, i was in JC for 3 months and my entire earning of my life is spent on the case)



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 32 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 September 2013

Dear Querist

if there is no word regarding dowry harassment then 498A will not attract but the burden of prove lies upon you related to suicide u/s 306 of IPC. the witness no. 6 is in your favour, fight the case on merit, if you are right person & no cruelty or offence committed by you then no need to worry.

for best advise contact a lawyer personally with all documents 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 September 2013

Dear Querist

if there is no word regarding dowry harassment then 498A will not attract but the burden of prove lies upon you related to suicide u/s 306 of IPC. the witness no. 6 is in your favour, fight the case on merit, if you are right person & no cruelty or offence committed by you then no need to worry.

for best advise contact a lawyer personally with all documents 

hussain (teacher)     23 September 2013

Thanks Nadeem, Yes no where in the FIR or Chargesheet "DOWRY" word is used. They have just used word HARRASMENT. My concern here is the FIR was lodged after one day of the death, secondly my neighbours(PW6, PW7) explained clearly in the court that it was not me who harrased my wife instead my inlaws( father in law and sister in law) were harrasing her. The PW6 & PW7 statments are recorded in the court which are in my favor. My lawyer unfortunately is not saying clearly what will happen, so i need your expert advice.

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     23 September 2013

Mr Hussain........... you may be acquitted from the charges of section 498A. but still remain one section for consideration for court. now the job of the court is just to find out whether your wife has committed suicide due to harassment committed by you or not. further it does not matter whether you were present or not at the time of suicide. be serious.........

hussain (teacher)     23 September 2013

Many Thanks Musabbir, If you read my post i have given all the details of the case. If i would have harrased her in my 8 years of married life why the inlaws have not filed a case when my wife was alive nor a single time they came to my house to advice me. They knew about there daughter that she had suicidal tendency and was adamant. 3 months Before this incident also she tried to commit suicide once, this was observed by my neighbours as well and this is recorded in the court. This suicide attempt was made not because of my harrasment instead my inlaws were harrasing us. The neighbours clearly explained this situation in the court and also said that i was looking after my wife and kid in very good manner, they spoke the truth. Now with your experience can you please guide me what else can i produce to defend myself. I can recall the neighbour witnesses and can check with them.

hussain (teacher)     23 September 2013

moreover she has commited heinous crime by killing the innocent child. If by chance if she would have been alive after killing the child in a failed suicide attempt it was she, who would have been behind bars. No body is observing this point,,,, Why it is always the husband who is responsible.. Nowadays all the husbands should be very cautious with their wifes because they have the weapon 498A... bullsh*t.. i have observed many innocent husbands in the Judicial custody who are victims of 498A

Sudhir Kumar, Advocate (Advocate)     24 September 2013

Since the marriage was more than 7 years old teh presumption of 304b is not operating against you.

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     24 September 2013

Mr Kumar

charges has been framed under section 498A and 306 IPC. Therefore no question arises as to application of section 304B OF IPC.

hussain (teacher)     25 September 2013

I need an expert lawyer advice.....

Please suggest me how to proceed further based on the case details which i have clearly provided in my post. My lawyer is proceeding based on the inputs which i give, he is not proceeding on his own...

hussain (teacher)     28 September 2013

Experts...please advice

hussain (teacher)     03 October 2013

Please advice.....

hussain (teacher)     03 October 2013

Please suggest me how to proceed further...

hussain (teacher)     06 October 2013

Pls................. ............... ....... ...... Help

Sudhir Kumar, Advocate (Advocate)     06 October 2013

Mr Ansari and Mr Qureshi has explained well in short words

 

You said

 

Yes no where in the FIR or Chargesheet "DOWRY" word is used.

 

Reaction death due to unnatural circumstances within 7 years of marriage leads to legal presumption of being dowry death.  There is no need to specifically allege dowry demand.

 

 

My concern here is the FIR was lodged after one day of the death,

 

 

Reaction This does not wipe out the crime. It reduced merits of prosecutions case.

 

 

secondly my neighbours(PW6, PW7) explained clearly in the court that it was not me who harrased my wife instead my inlaws( father in law and sister in law) were harrasing her.

 

 

 

Reaction Let your neighbor stand as witness and face cross-examination of the opposite lawyers, if he can prove that he has seen them harassing her.

 

 

moreover she has commited heinous crime by killing the innocent child. If by chance if she would have been alive after killing the child in a failed suicide attempt it was she, who would have been behind bars.

 

 

Reaction true you are but now she is not alive you cannot jai a dead man.

 

Why it is always the husband who is responsible.

 

 

Reaction law says so. Every country has got own legal system. A lot of example can be quoted.

 

 i have observed many innocent husbands in the Judicial custody who are victims of 498A

 

Reaction did you meet even a single prisoner in jail who stated that he is rightly arrested for the crime he did.


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