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dns   08 December 2016

Chance of acquittal or punishment under 498,307,302/306,304b

My brother-in-law is under trial from past two and half years(entire duration , he is in jail).He along with his brother and parent were charged under section 498a , 307 , 302/306,304 B due to death of his sister-in-law (his brother's wife) after consuming poision.They all are named as main accused in FIR.

Initially they were charged under section 498a , 307 for which hearings were going on . After 10 months petitioner died and section 302 (306 as alternative) was imposed on them.Again hearing went on for 1 year and then judge decided to impose 304 B. now hearing is going on for 304 B.

Only victim and her parent's statement is against them , rest of the statement from doctor , police etc is in thier favour as she framed consipiracy.

What could be the probable verdict or punishment for this case?



Learning

 7 Replies

Alok Motan (Advocate)     09 December 2016

Depends how efficient ur lawyer is who ultimately has to get u out of the case.. and more so it depends on judge too, more importantly... No one can tell the fate of any case or takes guarantee.. verdict depends on evidences led by parties n witnesses... Further, if u hv a strong defence in ur favour n u successfully proved ur innocence even a little bit.... there is every possibility that u all will win the case.. u may get benefit of doubt n may b acquitted.. The prosecution has to prove its case beyond reasonalbe doubt..

Alok Motan (Advocate)     09 December 2016

Depends how efficient ur lawyer is who ultimately has to get u out of the case.. and more so it depends on judge too, more importantly... No one can tell the fate of any case or takes guarantee.. verdict depends on evidences led by parties n witnesses... Further, if u hv a strong defence in ur favour n u successfully proved ur innocence even a little bit.... there is every possibility that u all will win the case.. u may get benefit of doubt n may b acquitted.. The prosecution has to prove its case beyond reasonalbe doubt..
1 Like

Ms.Usha Kapoor (CEO)     09 December 2016

If the prosecution  fails to prove its case beyond reasonable doubt the accused side wins. If there   are loopholes or lapses  etc also in prosecution side defence side may win.It depends on the judge also.He should exercise his discretionary powers wisely  and reasonably and not arbitrarily.If  you appreciate this answer please give me all my profile likes..

2 Like

Sachin (N.A)     09 December 2016

dns   09 December 2016

Thank you for your response .....

Few more things , till the hearing was going for 498 , 307 , 302(alternative 306) , it was a winning case for us but then judge himself put 304 B due to dowry word used repeatedely by victim's parent.Does it mean that judge want to punish them in 304 B or he just want to see if it applicable.Also are other IPC  removed as they are just hearing for 304 B or will be considered all while giving judgment ?

 

Sachin (N.A)     09 December 2016

Judge only wants to check whether FIR prima facia attracts sec 304b or not?

Sachin (N.A)     09 December 2016

I have seen many cases where court observed that if prosecution failed to prove 498A, then accused cannot be held guilty under 304b also.


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