Arrested

If the 2^nd FIR under Section 498A of IPC relates to the same facts as were the subject matter of the 1^st FIR, then the 2^nd FIR would not be permissible. However, if the 2^nd FIR is in relation to a different set of facts, then the 2^nd FIR is permissible.

You have mentioned Section 304, however there appears to be some mistake in mentioning the section since Section 304 IPC relates to killing of a person (“culpable homicide not amounting to murder”) which does not appear to be the case in the descripttion provided by you. So, please mention the correct section.

Usually, the police will submit the case diary on time, though there can be delay on some occasions due to various reasons.

The FIR shows 304 written on it and the lawyers have confirmed it. Wife has alleged that I along with my brother, I hit her head with a iron rod and tried to strangulate her asking for the money. i suspect they have heavily bribed the police to make false case against us. 

I know the supreme court says that investigation should be made before arresting someone which the police did for 4 months after lodging the FIR. As part of the process of investigation, is police not obliged to inform the accused or his parents regarding the complaint and investigation. We are completely in the dark about complain/FIR until a day when we are informed that my brother has been arrested by the police.

Hi

The Second FIR shall be registered if it gives  out different cause of action than the First.

304 Has been rightly Put since such an injury was with the intention to and with the knowledge that it might cause death. There must have been a medical report.

The police should ideally produce the diary as ordered.

Regards

Chetan Joshi

@ chetan Thanks for letting me know that " the police should ideally produce the diary as ordered" but will the same police, which took bribe to lodge false case, do false investigation and then did arrest my brother; will do this "ideal"thing of submitting the police diary to the court. If not, what can we do? yes there is a medical report along with it. There is confusion regarding framing section 304 as i confirmed with my lawyer who told me it's section 307 which has been put in FIR by the police.

Again, I would like to know how easy it is to get bail in 307 in terms of time

I just wonder how easy it is to get someone arrested and put him in jail for 10-15 days as it happened in my case with false allegation with false FIR and false injury report. You just need to bribe the police station and some sort of political connections. Is there no hope for a common man?

As mentioned by me in my previous message, Section 304 of IPC can be made applicable only when the person who was attacked has actually died. Since this has not happened in your case, and the lady having been allegedly hit has survived, applying Section 304 IPC is not proper.

However, Section 307 IPC may be the proper section in the circumstances mentioned by you, if the allegations made are correct.

If the police has conducted investigation for about 4 months after registration of the FIR, as you have mentioned, it can generally be said that they would have investigated the case sufficiently. It is not obligatory on the part of the police to inform the accused about the result of the investigation.

Since the offence under Section 307 IPC is supposed to be a serious offence, grant of bail under that section may not be that easy, though ultimately grant of bail depends upon the facts and circumstances of the case and no hard and fast rule can be laid down. There are various principles applicable to the grant of bail, and gravity of the offence is one of them.

Once a complaint is lodged with the police disclosing commission of cognizable offence, and it is also supported by a medical certificate, it is obligatory on the part of the police to register the offence and investigate the same. If the complaint is false and the injury certificate is also false, then you may try to provide evidence to that effect to the police during the investigation, and if need be, to the trial court during the trial. You can use all lawful means to prove that the complaint is false and so is the injury certificate.

can I file RTI to get the injury report and case diary. If yes how to file RTI? Will it be good idea to file the RTI to know what procedures did police followed to arrest my brother