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Sandeep Sharma (Pvt Job)     09 September 2017

Can fir lodged under ipc 302 to ipc 306 ?

Can FIR lodged under IPC 302 converted to IPC 306 if victim commits sucide.


 8 Replies

Raveena Kataria (Advocate )     09 September 2017

If the victim committed suicide which was abetted but was not killed (perhaps by the abettor in question,) the F.I.R. lodged u/s 302 will ba false. You must simply be able to provide a good explanation as to what made you give a false account first.
2 Like

Sandeep Sharma (Pvt Job)     09 September 2017

Thanks for quick reply mam.

The victim was accused of theft under IPC 406. the theft case was closed by IO after found him guilty and recovering his body with poision etc. 

FIR was lodged 6-7 months back after body recover and we were made accused. Chargesheet yet to be filed. looking at such IPC's is it possible such delay? I am sure there is no any evidances found of our involvement anywhere because we are not guilty here.

by affraid of any arrest on the basis of IPC's in FIR where we made accuse, we have filed petition under IPC 482 in high court. Can police harrase us in such scenerio?

is any chance that after quesh of the FIR against us, the case is converted under 306?

Raveena Kataria (Advocate )     09 September 2017

In my opinion, in any scenario, the case will not be converted to 306. If there's no direct involvement found between you and the victim during investigation, his death will simply be ruled out as a suicide. 302 would imply that you fed him the poison. 306 would imply that you prompted him to take the poison, for which, again, the prosecution would need to establish motive on your part.
1 Like

Sandeep Sharma (Pvt Job)     20 September 2017

Thanks mam for reply. As per new SHO (old SHO transfered) sucide note was found having 5--6 name. And suddenly day before yesterday my brother was arrested from office and yesterday sent to jail. No any else yet arrested. Lawyer is filling bail application today in adj court. Plz help what can be done.

Sandeep Sharma (Pvt Job)     23 September 2017

Is it possible to get copy of sucide note from police. As still we didn't have any copy to see. Also we have doubt that the sucide note is planted and not original. My brother is already in JC after 18th Sep and lower and dist court already rejected the bail application. We are moving to HC for bail application.

Sandeep Sharma (Pvt Job)     31 October 2017

By the GOD of grace bail was granted fron Hounrable HC last week.

Chargesheet/challan is not filed yet as rest of accused are not found yet.

Came to know some facts as there was arguments in HC.

Have some question, The FIR lodged by the family of decease under IPC 302,120B etc after body found but as per IO they have found sucide note neadbody itsef. PM of the body was done on same day and FIR was also lodged that same day.

We are in doubt, if they have found the note, why police didn't filed the FIR under 306 and why nothing was done till 7-8 months after FIR of 302 and finding of note with body itself.(Which we really doubt. As per IO, the note was verified from FSL and found positive in his writing.)

What caution can be done from our side.

Pawan S (Advocate)     31 October 2017

Dear Querist,

Bail is already been granted. So, wait for the charge sheet.

Meanwhile, try to gather evidence as much as you can.

Sandeep Sharma (Pvt Job)     31 October 2017

Not sure what kind of evidence we could collect. The person was guilty and also found guilty while investigation by police. Being senior person, he wrote my brother's name with some other persons who cought him in documantations just after the act was done.

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