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rakesh (student)     18 September 2009

facing charge of IPC-306 please help me.....

 Respected sir/madam,

My wife has committed suicide on 21/08/09 & my father in law has filled case of IPC-306 against me please help me if you can……

Myself Rakesh Ttiwari belongs to a middle lower class family of a remote village of a district situated approx. 600 kms. from Bhopal.

Please give a bit of time to My story......

My family is as:

1.)   My father: UDT in a govt. middle school.

2.)   My mother: Housewife (illiterate).

3.)   My grandmother: Housewife (illiterate).

4.)   My younger brother: Pursuing B.A. (2nd year).

5.)   My sister in law: Housewife (High School Pass).

6.)   Me myself: Pursuing B.E. (Final Year, 7th Sem.)

I was married to a girl in 18/04/2000,while i was appearing my 9th class exams (my DOB is 11/12/1985).It was a child marriage taken by my Late Grandfather. The wife of mine was not sent with me to my home in marriage since in our culture the bride is sent to grooms house after some months or years after the marriage by performing a PRATHA called as GAWANA.

(In remote villages the marriage of a boy & a girl fist takes place without bringing the bride to the grooms home & the bride lives in her parent’s house. In time between the MARRIAGE & the GAWANA the bride & grooms are not allowed to see each other, to meet, to make any physical relationship as this is unusual according to the culture. After some years of marriage, when both the families are ready for it, GAWANA is performed & the bride is taken to the grooms place, here it doesn’t matters the bride & grooms are 18 & 21 respectively. The bride & the grooms are now allowed to live normal life of husband & wife.)

In my case the GAWANA was not taken yet because of I was studying & both the families had no problem with that as my academic record was pretty good respective to the place I belong. My GAWANA was due after completion of my degree.

My academic record is:

1.)   10th – Passed in 2001 MP Board – 78.40%.

2.)   12th - Passed in 2003 MP Board-66.00%.

3.)   Diploma in Electronics & Telecommunication Engg.-Passed in 2007 RGPV Bhopal- 76.40% (HONS.).

4.)   Pursuing B.E. in Electronics & Communication Engg. (Final Year, 7th Sem.) from RGPV Bhopal.

From the time of my marriage & till now I haven’t seen my bride nor had any physical relationship with her.  Almost 3yrs ago talking on mobile with her started, we always talked to each other in a respective manner & all the talking was only about family members, their health & a little bit about our villages only. We never exceeded our limitations on the talks.

As 10 years is a pretty worse time for a GAWANA after marriage we both were facing a crucial social situation & worse comments were usual on me & on her by social persons of both villages, these started after 5 years of our marriage but our parents had decided to perform GAWANA when my study completes.

In between because of my mother’s illness the GAWANA of my younger brother was performed in Feb.2008 whose marriage was held in June 2003. My Father in law does not opposed it as my brother was in village & was studying in a local college.

And now the worse part my bride committed suicide on21/08/09 in suspicious conditions that are unpredictable to me & my family.

She committed suicide 2 or 3 hours after talking to me. That day I talked to her 15-20 minutes & the talking was as usual. She did not stated anything wrong nor I. After then I went to college & around 1:30pm the bolt from blue fell on me, my brother told me that my bride had committed suicide around 11-12am., at that time I was in my college in Bhopal.

 I was so helpless that I couldn’t understand what to do & how to do, my father went to her village along with some of relatives & after postmortem the dead body was handed to my family for last rites. My father performed her last rites as per village & social rules.

Scared of the blames of sociality & incoming calls of the villagers I switched off my cell phone & stayed in Bhopal until my father asked me to attend the SUDDHA (Removal of hairs from HEAD) on10th day after her death. I went to my home Attended the SHUDDHA & then returned to Bhopal on 02/09/09.

When the TERAHVIN (the meal offered to relatives & villagers by the family of dead person) of my bride passed her father demanded Rs. 2 Lac from my father saying that if money is not given to him then he will file a case of dowry & spoil career of mine & my father, he even argued that me & my father are responsible of the death of his daughter & he will cut throat of both of me & my father.

The money was asked to sent directly in bank account & for this one account no. was given to my father (I didn’t know whose account no. was given). This dialogue between him & my father took on cell phone. Since I switched off my cell there is no dialogue between me & my late bride’s parents.

My father was so scared so he started arrangement for the money but he did not succeed to meet the demand as he recently paid my college fee of Rs. 69,000 & spent approx. Rs. 50,000 in funeral.

And by not getting money in due time my wife’s father filled a case of under IPC-306 against me on 07/09/09.

He complaint that:

1.)   I deeply harassed her daughter so she committed suicide, I harassed her daughter while talking on phone & I often did that.

2.)   I was not honest to her daughter & was not willing to perform GAWANA & so i always denied when asked to perform it .

3.)   I often talked to her daughter in drunk condition.

4.)   I am a loose character guy having so many illeagal affairs with a no. of girls in my school life & my college life.

5.)   My parents were asking for a huge amount of dowry to perform GAWANA.

That’s all I knew about the case, & from my own the truth is:

1.)   I always morally supported my bride that there is no need to to bother about the comments because the ladies or gents that passes comments is only full of jealousy & had nothing to do.

2.)   My family was in deep love with their elder daughter in law & this was the reason they took all the expenses of her education from her 8th class & took it until she passed her 12th.

3.)   My parents never asked for the dowry 

4.)   I never had a girlfriend in my school life & nor have in my college life & one can thoroughly investigate it I was totally honest to perform GAWANA after my degree.

5.)   I responded to her miss call all the time within 5 minutes.

6.)   I do not drink.

 

While writing this I only ask you that these are the truths within our hearts & how they can be proven in court?  They have evidence that I talked to her daughter that is truth, does it means I am going to hanged or what………?

Currently I am attending my college & there is no information about the police activity, should I be taken in police custody……..??

What time it takes to issue arrest warrant in such cases…..?? please help me on all sides of this case & also on those questions I did not know to ask..

Is there any way to get rid of this situation? Because my parents have no money to bribe them & situation of mine “I never saw her , I never touched her, I never beaten her, I never abused her but I killed her…… The biggest joke ever played on me by my own life.

Thank you sir/madam for giving your precious time to my story I am only 23& half year old so I am not mature to deal with issues like this. Sorry if I had been wrong anywhere, doesn’t matters you show me a way or not but I want say something that “ Agar jinda rahkar  insaan apno ko khushi nahi pahuncha sakte hain to unhe khud ko maar kar ke sab ko musibat me dalne ka haq nhi hota hai”



Learning

 44 Replies

Anil Agrawal (Retired)     18 September 2009

 Please remember one thing. At the alter of judiciary, sentiments have no value. No body knows you there and no body bothers for your travails. You can generate sympathy but it is like soap bubble. You have face the stark reality of legal system. Go to a lawyer. Pay. He will help you to the best of his ability. The road to justice is full of thorns.

1 Like

N.Ramakrishnan (Advocate/ Senior Partner)     18 September 2009

Dear Rakesh,
If whatever you have stated is undiluted truth then you have nothing much to worry. In any event, you will have to undergo the trauma of a criminal investigation / prosecution for some time the length of which will depend on the nature of the evidence available or lack of it against you or your family members. Justice will prevail in the end. As suggested approach a competent lawyer and defend your case diligently. All the best.

Thanks,

Ramakrishnan, ADV 

 

1 Like

samrat chowdhury (advocate)     18 September 2009

I have read your version of the story,however you have not mentioned about the stage at which your case has reached. You have stated about a complaint from the victims relatives.I asume those were the allegations made out in their F.I.R as de facto complaint as registered by the police authority.since you say that you are facing a charge 306 IPC, I presume the charge sheet has been also submitted and you are on bail,at the moment. But you have not mentioned whether the case has been committed to the Court of sessions for trial or not.I can try to help you out if you can send me more relevant details in connection with the case.....please send a copy of the FIR, Charge sheet, 161 and 164 statements recorded with the police. and try to appoimt a good trial lawyer....if the trial has commenced.

1 Like

PARTHA P BORBORA (advocate)     18 September 2009

MY FRIEND AS ONE PERSON DIED, WHATEVER THE REASON MAY BE AND AS A FORMAL COMPLAIN HAS BEEN LODGED U HAVE TO FACE THE TRIAL. IF U R INNOCENT U WILL BE AQUITED. BUT AT PRESENT THERE IS NO SHORT CUT 4 U. PL CONSULT WITH A EXPERIENCED CRIMINAL LAYER AS SOON AS POSSIBLE.
1 Like

rakesh (student)     18 September 2009

Samrat chowdhury sir,

i haven't faced the court trial nor yet any police statement of mine is recorded.

Is there any chance of arresting me from my college....? & if it happens then would it be possible to sustain my study or i be face restricted from the college...?

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     18 September 2009

RAKESH,

DONT PANIC,IN LIFE SOME TIME WE HAVE TO FACE THOSE THINGS WITHOUT OUR KNOWLEDGE AND THINGS WILL BE BEYOND OUR CONTROL,ALWAYS DISPLAIN LIFE WITH GOODCHARECTER FETCH U COME OUT FROM THE CASE,THAT WHY WE EXPERT R IN LEGAL FIELD.

THERE ARE STILL COMPLICATE CASES UNDER 302 IPC,LEGAL PROCESS  IS LENGTHY HENCE THIS IS THE DUTY OF UR ADVOCATE, GO AND MEET THE GOOD CRIMINAL ADVOCATE, DEFINITLY U WILL EVEN ESCAPE ARREST ALSO....NOTHING HAPPENS CONCENTRATE ON STUDIES, ADVOCATE WILL TAKE CARE,DONT HIDE ANY FACTS TO UR ADVOCATE TAKE GUIDENCE AND PROCEED...AL D BEST...

1 Like

Mr_chamku (HR)     19 September 2009

Hi rakesh

   You are A students & students life cant be runied if oppsite party dont have strong evidence again it.

   You can get easy bail if you are a student so continue ur study  even after ur colleage is done take adminssin on other courses.

  do you have a list of miss calls in your mobile ? if yes do not earse it in any costs.

 

if Not

  ask your mobile opearter to give you list of call done & call missed (bribe their emplyees to get list) or contact ur lawyer to get it & do it fast before they delete old lists may be in next 20 to 40 days .

If you prove that every time you call him once she miss call you then Bingo you are out from ur problem.

Even you have list of miss call in ur phone try to take list from mobile operator makes ur case strongest .

 

 

1 Like

PARTHA P BORBORA (advocate)     19 September 2009

dont be panic. pl consult a locl lawyer as soon as possible. as u r a student there is every possibility that court will allow bail. moreover if u r innocent u will be aquited. pl co operate with the I/O during investigation. good luck

1 Like

samrat chowdhury (advocate)     19 September 2009

 

Since the you are not yet arrested,how do you know that a charge under section 306 is registered against you....If at all the complaint is registered under section 306 I.P.C then a non bailable warrant may be issues since the offence is a cognizable, non bailable and triable exclusively by the court of sessions.....you need not worry consult a lawyer and if required you can make an application for anticipatory bail if arrest is imminently apprehended....do not worry as I said earlier discuss the matter in detail with a lawyer of the local bar....he will guide you well.....if you still have any more questions feel free to contact me.....


 
1 Like

rakesh (student)     19 September 2009

  Samrat sir,

all those things about case filled i told u are as told to me by my father, & the respective sources from which he got these info. are not very much liable. Any court summons had not received yet.

Can you tell me how long it takes to fill a charge sheet against me or arrest me if the complaint is logged on 07/09/09. 

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     19 September 2009

Dear brother,

please consult a good advocate at the bar association of the PS concern court and explain ,give some money by explaining ur position and sign VAKALATNAMA,TRUST   HIMAND CONCENTRATE ON UR STUDIES,IF UR REALY INNOCENT, THE LAWYER WILL HELP. DONT THING ARREST, FIR,CHARGESHEET,INVETGATION ETC.,ALL WILL TAKE CARE BY UR FRIEND ADVOCATE. ADVOCATES ARE VERY HELPFULL IN SUCH CASES. EVEN OTHER SIDE PP WILL ALSO COOPERATE, HENCE DONT WORRY FORGET PAST, CONCRNTRATE ON SEM EXAMS....

1 Like

Mr_chamku (HR)     20 September 2009

Hi

  If Mobile Opeartor dont give list then immidiatley go to Court & file application to get the list through court ASAP saying that mobile company can delte list in next 20 to 30 days take nearest date for hiering & say that i can proof my self innocent with the list

If you spent some time today your future became safe & dont worry about ur sems even u failed you can rexam and pass & get bail easily (Look britter side)

If u really want to end case throw ur book & take case searilsy else what u will do in jail even u passed.

I m not taking down ur moral but I am saying that if u want a safe future then u need to concentrate on case not in study u have to learn that which is ur priorty ur "study" or "freedom" choose urself.

 

 

 

1 Like

rakesh (student)     20 September 2009

 Sir,

previously i forgotten to state that there were some suicidal cases in my late wife's family/relation also has been occured later as.....

her maternal aunt tried to commit suicide by burning herself but escaped from death in mid 2009....

her two paternal uncles(not much more distant) committed suicide by hanging themselves in two consist years....

her paternal sister committed suicide in early 2009...

her step mother's death almost 20 years before is also unpredictible between relatives......

are these informations going to help me to some extent.......?????

Anil Agrawal (Retired)     20 September 2009

 The desperation will not help. Courts don't work on sentiments. Hard evidence and proof required. Your truthfulness is good for our consumption but won't work this way in courts. Please go to a lawyer and discuss your problem. With due respect to lawyer fraternity of Lawyersclub, I think it is too serious a matter to be sorted out here. Others may not agree with me.

1 Like

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