Dowry death

@Author

 

Adding and slapping sections under various prevailing laws is the duty & prerogative of Investigating Officer. Complainant has to be true while explaining the complaint and he/she should not intervene into the investigations. However, if you feel that investigators are helping the accused or not taking proper steps for fair investigation, then you may file an application before the Magistrate under proper jurisdiction for transferring the case to other police station or direct the ACP/DCP to personally investigate into the matter.

 

S.498a is automatically attracted if you have alleged that the in-laws used to harass the deceased girl for dowry. If even after such a complaint this section is not added, then magistrate may add it on his own while accepting the charge sheet. If Magistrate fails to do so, then the trial court, i.e. Sessions Court, after going through the FIR, if prima-facie, a case is made out, shall be pleased to add this section before commencement of trials.

 

Please note, S.304b of IPC is more deterrent than S.498a of IPC. Your purpose is to punish the accused or to take revenge and rope in all the family members and harass them? Adding sections would only amount to harassment but not justice (if your complaint does not disclose any offence under relevant sections). This is general practice that complainant take help from experienced lawyers or police officers to frame a FIR and ALL possible sections are slapped. But in the end they are not able to prove it in trial court. Such cases leads to a situation in courts that 90% of such cases are FALSE. Why not file a true complaint and let a fair trial proceed and arrive at justice?

 

//peace

/Saurabh..V

Post Morton report also managed by him they are very powerful in his locality now what should I do?

Originally posted by : Dileep.K.Jha
	Dear Sir       Girls Death within one and half  year of marriage her inlaws  used to tortured her for additional dowry and 4 Lacs given before marriage through Accounts proofs available of deposits with us. Now police helping inlaws only 304b Sec. has been imposed in FIR.   How other relevant sections (498A,3/4)can be impose with FIR pls suggest me. @ querist what does the post mortem report say? regards ASHOK

Dear sir Post mortem report says death at1pm due to excessive blooding after delivery of a child. But two days before she discharged from good hospital after 10 days of delivery . Same day she had gossip with her mother at 11 am everything were OK But at 10.30pm informed us she is no more; mean time no treatment meted out to her she died in house while various good hospitals are available there (tata nagar). In past she was used to tortured many times by in laws they are very greedy people we have no intention to teach a lesson on false case this is genuine and pre planned case as experienced of past and report came with so delayed of death by 9 hours. She had three LIC within one year of marriage of rs.25 lacs her sister in law is LIC agent and divorcee also. totally it is her planned to overcome from financial crisis.

Originally posted by : Dileep.K.Jha
	Post Morton report also managed by him they are very powerful in his locality now what should I do? two things need to be proven  to get conviction under 304b 1) unnatural death (second post mortem should have been requested to magistrate) and 2) harassment for dowry (any letter written by her in this connection will help).If proof for these are not available then498a will not be of any help. regards ASHOK

Dowry given Rs.4 lacs through a/c will work or not

Originally posted by : Dileep.K.Jha
	Dowry given Rs.4 lacs through a/c will work or not @querist taking of dowry doesnot attract 498a harassment for dowry needs to be proved for conviction under 498a. Pl. remember that both giving and taking of dowry is punishable under DPact. pl. hire a competent lawyer of integrity. regards ASHOK

498a 

If the case was filed u/s 304b, the dowry aspect will be taken care automatically.  Though the PMR would have been obtained as per their choice, the proof in your possession of having given Rs. 4 Lakhs would suffice to be a substantial evidence to prove their demand for additional dowry which resulted into death consequent upon refusal to give more.

The prosecution would have to prove the factum of dowry and dowry demand.

 

Regards,