ARVIND KUMAR (LAWYER) 31 July 2008

Procedure

A marriage solemnized between (A) Girl and (B) boy in the year 2003. (A) facing cruelity caused by the (B) and his family members including three sisters and their husbands. (B) is Sub Inspector and his brother is Jawan in C.R.P.F. Due to cruelity in various manner (A) was in bad ailment after marriage. In the month of November (A) took back by her father from matrimonial house due to great loss in health, thereafter she cheked up by the Doctors through her father and it was found that her kidney got damaged. The Father of (A) contacted (B) but no response. Being aggreived a F.I.R. lodged by the Father of (A) against (B) including entire member of his family in the month of January 2005 which was got registered under section 498A I.P.C.and 3/4 D.P.Act.. in the month of March 2005 (A) died. (A)'s father informed police and requested for post mortem in writing, but no action taken. On the otherhand Charge submitted by the police which was challenged before High Court and proceeding except to Husband and mother-in-law have been stayed.

Now the question is whether all the accused persons may be prosecuted Under section 304B I.P.C.?

Under the above facts and circumstances there is lapse of about 3 year but police has not taken action after getting information regarding death of (A).

What will be remedy to father of (A).?

Whether he can moved an application before trial court to prosecute the accused persons Under Section 304B I.P.C.?

The Case Under Section 482 Cr.P.C. pending before High court. and there is stay. Counter affidavit filed by the father of (A).

How can accused persons will be prosecuted under section 304B I.P.C.

Reply Follow

4 Replies

puneet (lawyer) 01 August 2008

the family of boy can't b prosecuted u/s 304-b because the girl was not living with the boy &for dowry death the demand of dowry must be imediate but there the wife was living seperately how u can prove that it would b a weak case but a pressumption u/s 113-b is with us so u can proceed with it if police do not take action go to s.p and if even then u can file a pvt complaint u/s 200 of cr.p.c

H. S. Thukral (Lawyer) 01 August 2008

I doubt whether accused can be prosecuted for dowry death under 304-B IPC

The expression 'death otherwise than under normal cirucmstances' in section 304-B would mean In other words death not in the usual course but apparently under suspicious circumstances, if not caused by burns or bodily injury. Renal failure can happen if the person is under stress continuously. It can happen otherwise also due to various reasons. It will be difficult to link with the cruelity/torture by inlaws when the girl was in her parental home. You can file a complaint before the Magistrate for direction to Police to register FIR or you can move a private under sec.200Cr.PC

ARVIND KUMAR (LAWYER) 10 August 2008

Sir,

Here I am adding some circumstances whhich came in my knowledge after length consultation with the client that the girl had written No. of 4 letters to her parents in which she had mentioned about the cruelity caused by the husband and his family members. It has also came in the fact that she had been consumated so many painkiller medicines after consultation with the doctors at her matrimonial house just after marriage. So in my opinion the renal failure might be caused due to those consumated hard medicines.

H. S. Thukral (Lawyer) 11 August 2008

Dear Arvind

You can go ahead and file a complaint case under section 304-B . Excess of pain killers NSAID do affect the kidneys. However pain killer are not prescribed in stress related diseases. You would have to work hard to bring the case under section 304-B.