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deepakeshwar (Manager)     18 May 2011

Dowry Death case of my sister

Hi Friends and Respected sir.

i Deepak, From bangalore.my sister dead bcoz of dowry harrsement in her husband house, and FIR is done, My sister husband and there family came out from bail.

how will come to know is Charge Cheet is been submitted by police..what next i need to do..!

what all the steps i need to fallow to know - is Charge cheet is submitted..or no..when i call police they say its been submitted but when i went to court and asked - thet person is telling its not submitted yet..its been 6months now..please do help and what next i need to do..

Many Thanks in Advance

Deepak



Learning

 19 Replies

Ravikant Soni (LAWYER IN JAIPUR)     18 May 2011

Engage a lawyer, say him to get certified copy of chargesheet and complete police report with statemnts and documents filed by the police.

Thereafter the court would follow this procedure:

* Case ll be commited to sessions court by magistrate.

* In sessions court : Framing of charge

* Evidence of prosecution

* Statement of accused u/s 313

* Evidence by defence if any

* Final arguments

Arup (UNEMPLOYED)     18 May 2011

you meet the higher authority of police and complain in writting and get acknowledgement.

tell them the diffrence between the thana version and the court version, in writting.

if within the six months, chargesheet not submitted the court will release them.

Arup (UNEMPLOYED)     18 May 2011

ask whether post mortem report received or not.

prepare an application for the certified copy of whole of the file brfore the court. vendors of court sale the format of the certified copy. fill it and submit and take the receipt. demand for urgent delivery.your case must be a ' state vs   ...  ' case. if needed take the help of govt pleder or his assistant. may take help of a pleder also against a nominal fees.

for rest mr soni's advice correct.

nidhi sharma ( student)     19 May 2011

be in contact with ur lawyer continously and ask him about the things Mr. soni and Mr arup had mentioned

hema (law officer)     19 May 2011

dear deepakeshwar,

i have full sympathy.  it is not the time to weep and wipe tears.  it is the time to act decisively and very decisively.  the first step in that direction is to engage one of the best and criminal lawyer at bangalore.  the issue here is not to find out whether charge sheet has been filed in the court or not.  the issue is that how the accused shall be convicted and for that what we have to do, so that our sister gets justice.

the case is criminal case.  in the criminal case, your sister's side will be represented by State, i.e., public prosecutor.  the accused will certainly engage a very good advocate, as the case is tried under very serious charges, i.e., Section 304 B , 498-A and may be section 302.  

In these cases, the accused and state generally will have hand-in-glove (colluded).  take care.  the state's counsel himself will  try to dilute the case and bring contradictions in the evidence of prosecution, which will benefit the accused.  take care.  so, i am suggesting to engage a very, very, and very good advocate to get justice to your sister.

first obstacle comes in your way is that your advocate is not allowed to effectively and directly intervene by the judge and your advocate is advised by the judge to assist the PP (public proseucter). even then, if you have a good advocate, he will turn around the situation by approaching HC at interim stage of the trial and get favourable orders about conduct of trial and it will give impression in the mind of the judge and PP, that you mean business.  they cannot take this trial lightly. 

after filing of the charge sheet, charges are framed.  If the charges are limited to section 304-B and 498-A, then your advocate has to try to get included the charge u/s 302.  after that prosecution evidence starts.  your advocate has to get your witnesses be properly trained for gruelling cross examination on the basis of the documents available on the record.  proper training is required.  otherwise, accused will be acquitted. 

i have not asked you whether the death is related to dowry demand or not.  it is a very important fact and your advocate takes care of this thing if you engage a good advocate.

wish you best of lluck.

N.K.Assumi (Advocate)     19 May 2011

Just engage a good Lawyer and a good lawyer does not mean gimmick popularity but a genuine good lawyer, for which you have to take time to search for it through various sources, and once you find it everything will be taken care of it by him/her. Dont be in a hurry but take time and be cool and find the right lawyer to represent your case.


(Guest)

File an RTI Application to Collector's office asking for status of chargesheet. They will have to forward it to the concerned thana as per the rules (they cannot deny your application on grounds that it is not connected with collectorate). why I'm asking to file with collectorate is because the police officers might be corrupt and might not accept your application. Send a copy of the same via registered post to the concerned thana and any senior police officers such as DCP.
See the effect of RTI Appeal in below article:

 

https://www.dnaindia.com/mumbai/report_juhu-cops-in-dock-for-improper-reply-to-rti-query_1457941

Piyush Chamaria (Student)     01 June 2011

I am quite surprised by the post of HEMA......she doesnt even know whether the case is actually related to Dowry or not but still guiding you.......... Please be beware of such persons..... Dont try to implicate somebody on false charges...... Please 

1 Like

Kwatra Corporate Advisors (Advocates)     19 June 2011

WE CAN ASSIST YOU ON THE SAME.


CONTACT US at 9811860574

or


011-29213198

deepakeshwar (Manager)     12 May 2012

 

Thanks alot for all my friends, for helping me and guided me.

 

Now the case of our sister life - its all evidence are over with official evidences are also over also cross examine also done. Just police side evidences should happen now.

Now our PP saying that, we also put 302 with 304B,498A and 3&4DP Act.

is it good that now PP suggestion to go for 302 also ? She told we should have gone before itself but she told put 302 it seems!

if she apply for 302, 304b what is there we filled the case, is 304B will they remove and only 302 remains? I am bit confused and worry about this.

Please kindly help me in this and guide us

Many Thanks in advance
Deepak

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 May 2012

If this is made out, do put it. Regards, Shonee Kapoor harassed.by.498a@gmail.com

deepakeshwar (Manager)     26 May 2012

Hi Sir, i am bit confuse why 302 now, why they dint applied for 302 before ? 

is it good to go for 302 now? and wht useful 

warrior (Personal)     30 May 2012

I sympathy your situation, it is indeed a great loss to your family. May I if I may know how did you come to know if the death of your sister is dowry related ?

regards,


(Guest)

I have sympathy with author but I don't understand how this is dowry death if it was a dowry death why the girls family keeping their daughter in greedy/cruel/stupid/devils house.


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