A sad story

sorry for being Devil's Advocate, but if everything was going fine, why you recorded the phone conversation. That could be used against you. 

Required More Suggestion from the LCI Experts...

Many Thanks,

Best Regards,

Shankar.

What is the status of the case, most probably the Chargesheet is filed and the matter is put for evidence.

Now the matter hinges on cross-examination. So better have a goof advocate, this recording may be admissible for the purpose of contradicting the witnesses.

However, the recording of the deceased would not be admissible.

Regards,

You also file FIR against them with the fact and circumstances so that police can start investigation about their wrong plan.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

https:// https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

FIR for what Rocky?

you have not eleborted anything on your assertion

actual truth is they planned accordingly to attempt sucide and put a case after that. But unfortunatly from their end, it went wrong, and she died.

without this elaboration there is no material to agree or disagree with views of Mr Rocky Smith.

Unlike other charges 304b is on different footing as the accused has to prove innosence.

Notwithstanding the said recording there is overwhelming evidence to suggest that the relations were not good.

• you were living apart for 2 years.
• you were aggrieved by hiding of some health related issues. You have not eleborated exactly what was the issue and what was the greivance.  If you are not able to prove the (i) such health issue was there (ii) it was hidden from you; you prove nothing and presumption of dowry death prevails upon  you.
• You have not stated whether there were any reconciliation efforts from your side during two years and if so what was the result.  Without such details she is seen to be an abandoned wife with no valid cause.
• During these two years you were not interested to close marraige and no divorce was filed.  Presumption operates that you were still expecting reunion with dowry (which apparently was not actually demanded)

Now when your relations were harmonious the why she went away and why she committed suicide.

When mutual trust had not broken then why did you have to feel necessaity of recording.

Even if the said recording favours your version still there are hurdles:-

(i) The opposite party is bound to deny authenticity.

(ii) since your wife has died her voice sample is not now available for forensic.

(iii) I believe you are on the other end of recording.  In such case the recording's authenticity can be proved by your evidence.

(iv) The moment you become a witness you are available for cross examination.

PM me i will try to help you .

Send me your contact in PM.

Important things to note:

Death has taken place at your house or your INLAWs House?Please explain.....

For 304B , they have to proof that immediate cruelty that too for dowry harashment has taken place, So Depends on facts and the statments recorded by police and Cross , If they can not proof the immediate cruelty before death then chances are very rare for conviction under 304B.though it is tuff case to fight.

Have a good lawyer , Because in such case i have seen  supreme court Judgements in year 2014 that chargesheet is framed for 304B, but when 304B is not proved , they will court may  convict accused under 306 . So your lawyer need to take care of 304B and 306 also from begning.

Read the Dying Declaration if any very carefully - check with lawyer and try to find technical error in dying declaration , like if that declaration is made in front of Doctor and if doctor put this statement that she is in position of giving Dying Declaration.

Crack the police - police must have collected the rope if she hugh herself. if she burt then how much time she surviuved after burning ? what is % of burning . ...If police did any technical error in following the end to end procedure.Like Clothes and rope was sealed properly . have sign of police officer.

Check postmartem report very carefully. if she was empty stomach or not.

Big scope to break a Doctor Witness , if your lawyer is smart then he can try to confuse Doctor. Remember Single statement from Doctor can change the Case....like agree she burnet herself , But let say she survived for 2 days in hoospital , Injuries were 100% then it might be possible then she died because she can not bear the pain ..If DR said yes then it will help you .....

Be very careful with 313 . What you mention , how you married , where you go for honeymoon what all things you did for her . And finally when and why you had fight , If there are inguries on girl body or not . Etc etc

I am not a lawyer , So we can talk but you defenately have to higher a very criminal lawyer to save yourself and your family.

Sorry for spell errors and and certain technical terms  ...i am sleepy ....

Good reply Mr. AS

read teh above post carefully.  doobte ko tinke ka sahara bhee par kar deta hai.