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

Page no : 2

samrat chowdhury (advocate)     21 September 2009

I sort of agree with Mr. Anil Agarwal,sentiments and false hope do not work in a trial court.what really matters is what can be proved by way of evidence and substantiated thereof. In my practice as a trial lawyer I have seen and experienced it first hand.However, Rakesh the information you have  provided me with can be taken up during the trial, to challenge the mental state of the victim from being stable but let me tell you this the trial judge will not swallow it.The victim is not alive so the scope to cross examining her is out of question, her sanity can be to an extent challenged but the circumstantial evidence to render such fact,proved beyond rebuttal is very difficult and may not even be admissible....but nevertheless such piece of information can help.

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i hope Rakesh, u got enough information,be cool work on studies,if at all ur lawyer want to sigh vakaltama only,remaining things u handover to ur father.....ALL THE BEST

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Anil Agrawal (Retired)     22 September 2009

 Mr. Rakesh

I donot blame you for your excitement and anxiety. But it does not work that way. Reality of the situation demands that you face it squarely legally. The best advice can be given by a qualified lawyer after perusing all the documents. Whatever advice you are getting in this forum will ultimately be tested by your lawyer.

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rakesh (student)     22 September 2009

 Mr.Anil Agrawal sir,

could you please tell me that (since case has been logged on to me) can i be granted anticipatory bail from court or its better to surrender myself in such situation......

PARTHA P BORBORA (advocate)     22 September 2009

if the case is registered then u first try to get anticipatory bail and if not granted then surrender before the I/O or before the C.J.M/MCJM concerned.

rakesh (student)     24 September 2009


can any of you help me how can i prove in trial that i am innocent......?????

what should be the effective points in court to concentrate & how to face the opposite lawyer..........???

Anil Agrawal (Retired)     24 September 2009

 No amount of advice given by this forum will solve your problem. Please go to a lawyer, tell him your side of the story, produce the documents, let him decide what is best for you. Things are too serious to be sorted out here.


Mr.Rakesh, do not panic.All allegations made by your father-in-law have to prove with evidence. As you are saying you are innocent, your college record itself support you in your case. Contact  a well experienced criminal lawyer.

Anil Agrawal (Retired)     03 October 2009

Collect all the evidence and give it to your lawyer. He is the best judge of he situation.

Hemant Agarwal ( Mumbai : 9820174108)     04 October 2009

"Rakesh" :




: 1. You are married, but "projected" wife is not staying with you since marriage. (Forget about age-old "Gawana" customs. Talk of Hindu Marriage Act)

2. Marriage was never consumated, because "wife" is staying with her parents.

3. Wife committed suicide inside her fathers house, in presence of her family members.

4. etc.




1. Your wife kept on giving "miss calls" to you.


a) because she was asking you to come and take her away and free her from her greedy father's clutches, who was beating her, taunting her, cursing her and making her work hard. Her father would call her "a bad omen and a curse of female-hood". Her father would drink alcohol and abuse her in all sorts of ways, by beating her and keeping her locked in room for 2-3 days,, starving her

b) Your wife was totally depressed with the attitude and habits of her own father. etc...


2. Your wife was staying with her father


a)Your Wife's father wanted money from your family to fulfill his Drinking habits and Gambling habits.

b) She was not allowed to visit / see / meet her husband (you) because of your tradition of not meeting bride between period of so called marriage and so called gawana.

c) she was trapped and confined forciblly by her father to his house limits. etc...


3. Your wife committed "induced suicide"


a) even after ten years of marriage, her father never allowed her to meet or see of visit you.

b) her father was committing all sorts of atrocities on her (point no.01)

c) her father threatened your father for money and asked you to give 2 lacs

d) she was heavily depressed, because she was not allowed to meet / visit / or live a normal married life and her father's atrocities was the prime reason behind all this. etc...


WHAT YOU "M U S T" URGENTLY DO NOW IS the following :

(you have partly come out of "shock" of your projected wife's death on Gandhi Jayanti day i.e. 2nd October and you have concluded your wife grieving on "valmikhi jayanti on 4th October (today))

(valmikhi was a "daku" turned "saint", composer & fabricator of "ramayan")



1. File a petition with the District Magistrate for directions to the Police to investigate the death of your wife, who actually died due to "induced suicide", due to the atrocities of her father, in her fathers house.

2. Cite the wife's families "suicidial tendencies", leading upto period of her grand-fathers. Obtain documentary evidences, police records thru proper channels

3. Investigate the debts, drinking and gambling habits of your wife's father and other members of wife's family

4. Record statement of neighbours and relatives, including sisters, brothers, mother and others relating to wife's fathers atrocities, drinking and gambling, quarelling and other nuisance committed aginst your wife, and the family and the neighbours and the society in general.

5. Investigate the father-in-law's bank account number (which you have) for abnormal and illegal deposits and withdrawal of money.

6. Natural justice may be granted to you and that the culprits may be punished, under law.


KINDLY TO NOT WAIT for your acqittal or wait for the court process or your statements to be recorded or hope that you will be acquitted because you are innocent Hallucinating or Acting innocent in the guise of that you are a young student who is innocenting still studying and that your career will be ruined or finished is not going to help you. (All this is utter nonsense, and legally you can be "fixed" easily).


The above "advice" is free of all charges and will work wonders in your case.



"It requires a very unusual mind to undertake the analysis of the obvious"


Keep Smiling .... Hemant Agarwal


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Feroz M Shafeeque (Police Officer)     11 October 2009

That was a nice piece of advice from Hemant which you can follow, Rakesh.

Plus my two cents : You should make sure that you are added in to the accused list. Obviously a case must have been registered u/s 174 CrPC at the Police Station where your wife's  residence have jurisdiction.  So with the help of a lawyer or by some other sources who are close to the Police Station(like Politicians) you can very well know whether the section has been altered to 306 IPC.

      From the circumstances you described I doubt that your in-laws are trying to get some easy money from your father by falsely threatening that you will be framed by law. So at first please ensure that there is move  for making you  an accused by the Police. If not forget the whole thing. Nothing to worry.

      Even otherwise, if your version of the whole thing is true, the case will not lead to a successful prosecution ( or even to a chargesheet).

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rakesh (student)     11 October 2009

 Mr. Feroz Sir,

The whole story is a diluted truth.

You said that (( if your version of the whole thing is true, the case will not lead to a successful prosecution (or even to a chargesheet. ))

Can you clarify me that on what account the chargesheet on me will not be presented towards the court.

rakesh (student)     11 October 2009

respected Sir/Ma'm,

Can any of you tell me that what is the remand period of an accused of ipc 306........????

Feroz M Shafeeque (Police Officer)     12 October 2009

If the investigation is fair, the investigating officer will refer the case as mistake of facts or false complaint.

The reasons are:

  • you were subjected to child marriage
  • you were not living together
  • it can be proved that you made phone call on mutual consent
  • no complaints were made against you before by the girl
  • no evidence can be gathered that the cause of suicide is because of your phone call(no suicide note etc.)
  • suicide tendencies of her family

Remember that this will happen only if the Investigating Officer is honest and not biased. Otherwise they will charge sheet the case after recording the statements of her relatives against you. But it is easy to defend such a case in a court of law with the help of a lawyer.


Normally in every non-bailable case, the first remand period pronounced by magistrates are for 14 days(legally not exceeding 15 days as per 167 CrPC) . Please not that it is not mandatory to remand an accused in all cases. The court can release on first day or on subsequent bail pleas if the court feels that it is not necessary to keep the accused on judicial custody. If the case is not chargesheeted within 90 days(if offence is punishable with death or imprisonment greater than 10 years) or 60 days as the case may be,  it is mandatory to release on bail.

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rakesh (student)     12 October 2009


the only my fault is i talked to her on that very morning, there is no suicide note written by her & even now i am so doubtful that she has committed suicide.

well all i want to know is that can i be able to continue my study or what........????

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