Dowry death

Prepare yourself around, possible resonable reason behind her extreme step. This is very important and crucial for whole trail.

1. Start collecting evidences . a) you kept good care of your wife, financial records etc...

2. Study their testimonies given to police and prepaer your defence.

3. Start working out on getting Bail

We would be able to help you. Please visit www.indialawhelp.com

Regards

Akshay Sahni

Advocate

09891982832

that day she fight with me and want to go her home .in rage of anger she done this.postmortem report is clear i mean their is nothing that they can say if we have done any misbheaviuour with her.she also has given dying statment .

Is dying declaration to wife is admissible evidence

Hi Gaurav,

It is but it wont help you much at this stage. Anticipatory bail and Quash is difficult in this case. 

Engage a lawyer and get your defense facts documented in legal language. It is better to start pushing your evidences now.

Collect all the medical evidences, Write a letter and forward it (Speed post only) to CM, HOME SEC, DGP, SSP, SP copy IO and annexed all documentary evidences remember do'not write any thing loose that can benifit opposite side. Push the IO to take your evidences on record normally they don't take and build one sided case.... It will help you in getting court remedies.

Be consistent what ever you say where ever you say............

If possible get your document subitted in court and pray to consider them in invetigation since IO is not considering.

This case is very tough and country is full of nonsense one sided laws. Be prepare ....

Again think of "reasonable reason" behind the incident, It is presumed that all women are goddess and they don't do wrong. 

If other family members are named, get as many name as possible out at investigation stage itself.

It is time to fight .... do not let yourself down even for a moment....

take the copy of her statement before the magistrate and keep it with u in case the poilce files the charge-sheet go for quashing on the basis of that statment and collect other evidence also

Though AB is difficult, however, if the dying declaration is in your favor, you may give it a try. engage a good counsel and be prepared to fight it out for regular bail.

how much time i will have to spend in jail and in what time i will get bail.

I do not know why people like A 1981, who have not an iota of criminal law knowledge come here and give useless advice like mad dogs, spitting poison about women. Does it show that he is a hero to protect men's rights? Criminal law is a serious thing and one who does not have knowledge should not give advice in this field. Any how, coming to legal points:

1. As the marriage was held in 2008, and her suicide was within 7 years of marriage, the offence under Section 304-B is maintainable.

2. That goes in your favour is - If SDM has not taken her dying declaration- but as per your first post 'magistrate' -I suppose SDM- has taken the dying declaration. If that is so, the contents of dying declaration will occupy greater significance in your case. Has she said that you demanded dowry? If not, you are quite safe.

3. Obtain dying declaration and go through it.

4. If you have not demanded for dowry in the proximate time of her death, say within 3 to 6 months of alleged incident, then, the case cannot lie under Section 304-B. So, the case hinges upon the sole fact that whether you demanded the dowry in the near about time of her death. If you have demanded dowry at any point of time, not near point of time of death, and it resulted to her death, then you will be convicted under Section 498-A instead of Section 304-B, the former is lesser offence. Nexus to the demand of dowry and the death has to be established by prosecution to prove the case under Section 304-B.

5. If dying declaration does not talk about dowry and narrates the story, which you told herein, your refusal to allow her to go to her natal home, then you are quite safe.

6. Absence of dowry demand reference in dying declaration, but mentioning of the same in the complaint lodged by her parents and section 161 Cr.P.C. statements, will not put you in disadvantage position.

7. Anticipatory bail is difficult to get in the given circumstances, but regular bail will depend upon the dying declaration. If FIR is registered under Sectin 304-B and Section 498-A, it is difficult to prescisely say, how long you will be put in jail, that depends upon the strength of the documents and discretionary power of the court. In most of the cases, maximum that before filing of the charge sheet or in some cases, immediately after filing of the charge sheet (maximum 90 days), one gets bail

i never ever demanded any money from her parents.what will be the false evidence about dowry demand they can put forward during hearing and what will be the effect on my job if i put behind the jail

i never ever demanded any money from her parents.what will be the false evidence about dowry demand they can put forward during hearing and what will be the effect on my job if i put behind the jail

Originally posted by : hema
	I do not know why people like A 1981, who have not an iota of criminal law knowledge come here and give useless advice like mad dogs, spitting poison about women. Does it show that he is a hero to protect men's rights? Criminal law is a serious thing and one who does not have knowledge should not give advice in this field. Any how, coming to legal points: 1. As the marriage was held in 2008, and her suicide was within 7 years of marriage, the offence under Section 304-B is maintainable. 2. That goes in your favour is - If SDM has not taken her dying declaration- but as per your first post 'magistrate' -I suppose SDM- has taken the dying declaration. If that is so, the contents of dying declaration will occupy greater significance in your case. Has she said that you demanded dowry? If not, you are quite safe. 3. Obtain dying declaration and go through it. 4. If you have not demanded for dowry in the proximate time of her death, say within 3 to 6 months of alleged incident, then, the case cannot lie under Section 304-B. So, the case hinges upon the sole fact that whether you demanded the dowry in the near about time of her death. If you have demanded dowry at any point of time, not near point of time of death, and it resulted to her death, then you will be convicted under Section 498-A instead of Section 304-B, the former is lesser offence. Nexus to the demand of dowry and the death has to be established by prosecution to prove the case under Section 304-B. 5. If dying declaration does not talk about dowry and narrates the story, which you told herein, your refusal to allow her to go to her natal home, then you are quite safe. 6. Absence of dowry demand reference in dying declaration, but mentioning of the same in the complaint lodged by her parents and section 161 Cr.P.C. statements, will not put you in disadvantage position. 7. Anticipatory bail is difficult to get in the given circumstances, but regular bail will depend upon the dying declaration. If FIR is registered under Sectin 304-B and Section 498-A, it is difficult to prescisely say, how long you will be put in jail, that depends upon the strength of the documents and discretionary power of the court. In most of the cases, maximum that before filing of the charge sheet or in some cases, immediately after filing of the charge sheet (maximum 90 days), one gets bail

It is not good to spit out frustrations by picking someone non-law professional on LCI, Pl. do take someone in court room of your matching. 

Let me admit neither I have capacity nor talent to argue with you so please pardon me and look for someone matching of your caliber.

It is very difficult under this law to believe that a married girl can commit suicide, reason other that dowry demand and harassment in hand of in-laws. I don't know what would be your expert reasoning behind suicides of unmarried girl and married girl in dowry free countries.

Whatever you wrote here is not rocket science. With your radical mind you can re-visit my post and check if anything I said on any law point, I just suggested what steps he can take to prepare himself for the case that's all. I absolutely agree that  it may not be enough or appropriate, Pl do help him with your expert advice as you did and doing.

4. If you have not demanded for dowry in the proximate time of her death, say within 3 to 6 months of alleged incident, then, the case cannot lie under Section 304-B. So, the case hinges upon the sole fact that whether you demanded the dowry in the near about time of her death. If you have demanded dowry at any point of time, not near point of time of death, and it resulted to her death, then you will be convicted under Section 498-A instead of Section 304-B, the former is lesser offence. Nexus to the demand of dowry and the death has to be established by prosecution to prove the case under Section 304-B.

[

a. Can you please support your above theory with any of supreme court judgement.

b. Pl. do tell me how one can prove that he has not demanded dowry

]