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kumar (swe)     21 December 2012

False 498a,304b, quashing?

Hi,

I got married on 13-oct-2011, and my inlaws hided her health related issues before marriage.

later we had quarells each other and lived apart, girl is in inlaws house from jan 4th 2012. and before she went from my house we are very good, i had a phone conversation recorded on 5th jan 2012 which shows that we are good and harmonous. Everything is fine when we are good, but after wedlock, they turned out on different way.

one bad day,suddenly police came and took me off to custody and later i came to know, that wife is commited sucide and my inlaws put a false case 498a against me and my family. I am in shock. I am not aware whats happening at that time.she went to coma after hanged himself, and after 13 days she died. i remanded in jail, my parents and sister also went jail.its very horryfying experience. and after she died they demanded huge money to compromise the case. we are in bail now, and actual truth is they planned accordingly to attempt sucide and put a case after that. But unfortunatly from their end, it went wrong, and she died. and the case is turned to another sections added up 304B and 3&4 DP act. I have audio recordings evidences that we lived harmoniuosly in my house and it shows that me and my parents are not harrasing any way. In those conversations she tells to her mother that my parents are good and not demanded any dowry.

 

questions:

1) can i go for Quashing in HC ?
2) are these evedences usefull to fightback in trail?

Please help me in this regard

 

Thanks..



Learning

 21 Replies

Sanjeev (Lawyer)     21 December 2012

The Quash petition would not succeed. let the trial proceed and put your defences as and when the case progresses. This would take long and there is no shortcut to finish the case.

Arjun Gupti (Business)     22 December 2012

Kumar your story is very touching. I can understand your situation. My friend your are lucky that she did not hang herself in your house.. else things would had been worse. Since she hanged herself in her own house, you are safe and it cannot be proved that the cause of her death is you. Did she give any statement or letter before suicide? If No, then let her parents do whatever they can.. you are lucky you got rid of such girl.. you can now get married to another.. don't loose heart everything will be fine if you have not done anything wrong. god is with us.

rajiv rajan (rr)     23 December 2012

@ Kumar

Face the trial. That is the best option.

Arjun Gupti (Business)     24 December 2012

Ashish sir, thanks for the explanation. But what if the wife is living separately from her husband for 1.5 - 2 years and then commit suicide because of depression or any other issues in her life? Can still husband and his parents are guilty for dowry suicide? Thank you.

Munirathnam (Scientist)     24 December 2012

Hi Kumar,

 

You better to consult the Senior Advocate of High Court to get advices on the below points:

 

  1. Submit the recordings and let the police verify the audio and other facts that are recorded in the audio/vedio casette to find the actual motive of your wife's sucide/murder.
  2. Collect all the telephonic call records of you, your parents, wife, wife's parents and the people those were in touch with the wife (find the numbers in her phone calls list) and the phone calls list of the people those were in touch with your In-laws and finally the Law Witnesses of criminal case for past 3 years or 2 years what ever possible.
  3. The telephone call details of the Investigation Officer and also the his senior officer who investigated and monitored the criminal case.

 

Just by analysing the call details will provide sufficient infromation that you people were not done anything to your wife.  If anything is done, you people will be caught with these phone calls.

 

If you do not do above, then:

 

  1. Real criminal will be escaped and husband is not done justice to wife hence Husband may be the criminal kind og suspect may arise.
  2. Evidence to prove that the law witnesses of criminal case can not be proved as false either partly or fully.
  3. The above cited evidecne will be destroyed after 1 year hecne iys imporatnt to take decision early.

 

My intension to in the above reply is that just collect your supporting evidences that would provide information that what ever allegations against your family are false. If yo prove that law witnesses are lying in court then definitely those people will be caught for thesame crime.

Munirathnam (Scientist)     24 December 2012

Hi Kumar,

 

You better to consult the Senior Advocate of High Court to get advices on the below points:

 

1.     Submit the recordings and let the police verify the audio and other facts that are recorded in the audio/video cassette to find the actual motive of your wife's suicide/murder.

2.     Collect all the telephonic call records of you, your parents, wife, wife's parents and the people those were in touch with the wife (find the numbers in her phone calls list) and the phone calls list of the people those were in touch with your In-laws and finally the Law Witnesses of criminal case for past 3 years or 2 years whatever possible.

3.     The telephone call details of the Investigation Officer and also his senior officer who investigated and monitored the criminal case.

 

Just by analyzing the call details will provide sufficient information that you people were not done anything to your wife.  If anything is done, you people will be caught with these phone calls.

 

If you do not do above, then:

 

1.     Real criminal will be escaped and husband is not done justice to wife hence Husband may be the criminal kind of suspect may arise.

2.     Evidence to prove that the law witnesses of criminal case cannot be proved as false either partly or fully.

3.     The above cited evidence will be destroyed after 1 year hence this is important to take decision early.

 

My intension to in the above reply is that just collect your supporting evidences that would provide information that whatever allegations against your family are false. If you prove that law witnesses are lying in court then definitely those people will be caught for the same crime.

Munirathnam (Scientist)     24 December 2012

The real motive of the death shall be found else normally husband or In-las are the suspected people. Hence its time to the Husband and In-laws to reveal the fact with the help of court/police through proper investigation. Unless otherwise single allegations on the alleged harassment/cruelty for dowry or others is proved, the conviction under section 304B is remote. Hence the husband no need to fear at this moment and if he can investigate to find the reasons and its supporting circustances then certainly husband and in-laws would be out of danger. If any say that during the trail by effective cross examination the case could be won, then it is in wrong track because without truth or circumstances the trail journey goes on? If suppose, wife was talking to friends, relatives and otehrs before she committed sucide without telling or issues from husband or by telling some other issues of her then those would be helpful to the hsuband and in-laws. These could be revealed with proper investigation before evidences destroys. Hence fair and tranpasrent investigation is vital for fair trail that is the fundamental right of the accused as well as victim as per Article 21 of Constitution of India. Read the below citation completely for good under standing of the law postition .... IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA MIZORAM AND ARUNACHAL PRADESH) (Agartala Bench) Writ Appeal No. 20 of 2010 Appellant: Sri Rana Sinha @ Sujit Sinha, Son of Late Rajeswar Sinha, Resident of Debdar, P.S. Baikhora, Belonia, District – South Tripura. By Advocates : Mr. S. Talapatra, Sr. Advocate Mr. D. Bhattacharjee Mr. Bhaskar Deb. -versus- Respondents: 1. The State of Tripura, Represented by the Secretary to the Government of Tripura, Home Department, Agartala. 2. The Director General of Police, Government of Tripura, Agartala, 3. Sri Dipangshu Ranjan Mazumder The then Officer-in-Charge of Baikhora P.S., Government of Tripura, Agartala. 4. Sri Tapan @ Parah Tapan Mazumder, Son of Late Satish Majumder, Resident of Debdaru, P.S. Baikhora, Belonia, District – South Tripura. By Advocates: Mr. R. C. Debnath, Spl. Public Prosecutor, Mr. A. C. Bhowmik, Mr. D. C. Roy, Mr. A. Bhowmik, Advocates. Amicus Curiae: Mr. D. Kabir, Advocate Writ Appeal No. 20 of 2010 Page No. 2 BEFORE THE HON’BLE MR. JUSTICE I. A. ANSARI THE HON’BLE MR. JUSTICE A. C. UPADHYAY Dates of hearing : 10.12.2010 & 03.02.2011 Date of delivery of Judgment : 28.04.2011 JUDGMENT & ORDER (Ansari, J) Article 21 guarantees fair trial. A fair trial is impossible if there is no fair investigation. In order to be a fair investigation, the investigation must be conducted thoroughly, without bias or prejudice, without any ulterior motive and every fact, surfacing during the course of investigation, which may have a bearing on the outcome of the investigation and, eventually, on the trial, must be recorded contemporaneously by the Investigating Officer at the time of investigation. A manipulated investigation or an investigation, which is motivated, cannot lead to a fair trial. Necessary, therefore, it is that the Courts are vigilant, for, it is as much the duty of the Court commencing from the level of the Judicial Magistrate to ensure that an investigation conducted is proper and fair as it is the duty of the Investigating Officer to ensure that an investigation conducted is proper and fair. A fair investigation would include a complete investigation. A complete investigation would mean an investigation, which looks into all aspects of an accusation, be it in favour of the accused or against him. 2. Article 21, undoubtedly, vests in every accused the right to demand a fair trial. This right, which is fundamental in nature, casts a corresponding duty, on the part of the State, to ensure a fair trial. If the State is to ensure a fair trial, it must ensure a fair investigation. Logically extended, this would mean that every victim of offence has the right to demand a fair trial meaning thereby that he or she has the right to demand that the State discharges its Constitutional obligation to conduct a fair investigation so Writ Appeal No. 20 of 2010 Page No. 3 that the investigation culminates into fair trial. The State has, therefore, the duty to ensure that every investigation, conducted by its chosen agency, is not motivated, reckless and that the Investigating Officer acts in due obedience to law. It is only when when the State ensures that the investigation is fair, can it (the State) be able to say, when questioned, that the trial conducted was a fair trial. Article 21, therefore, does not vest in only an accused the right to demand fair trial, but it also vests an equally important right, fundamental in nature, in the victim, to demand a fair trial. Article 21 does not, thus, confer fundamental right on the accused alone, but it also confers, on the victim of an offence, the right, fundamental in nature, to demand fair trial. 3. The alleged violation of the above-stated principles is at the heart of the controversy in the present appeal, wherein the appellant is the unfortunate son, whose parents were put to death at the time, when the appellant was barely 5/6 years old and claims to have helplessly witnessed his parents being killed.

Munirathnam (Scientist)     24 December 2012

The real motive of the death shall be found else normally husband or In-laws are the suspected people. Hence its time to the Husband and In-laws, to reveal the facts of the matter with the help of court/police through proper investigation.

 

 

 

Unless otherwise single allegation, on the alleged harassment/cruelty for dowry or others, is proved, the conviction under section 304B is remote. Hence the husband no needs to fear at this moment and if he can investigate to find the reasons and its supporting circumstances then certainly husband and in-laws would be out of danger.

 

 

 

If any say that during the trail by effective cross examination the case could be won, then it is in wrong track because without truth or circumstances the trail journey goes on?

 

 

 

If suppose, wife was talking to friends, relatives and others before she committed suicide without  telling or issues from husband or by telling some other issues of her then those would be helpful to the husband and in-laws. These could be revealed with proper investigation before evidences destroys.

 

 

 

Hence fair and transparent investigation is vital for fair trail that is the fundamental right of the accused as well as victim as per Article 21 of Constitution of India. Read the below citation completely for good understanding of the law position....

 

 

 

 

IN THE GAUHATI HIGH COURT

(THE HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA,

MANIPUR, TRIPURA MIZORAM AND ARUNACHAL PRADESH)

(Agartala Bench)

Writ Appeal No. 20  of 2010

 

Appellant:

Sri Rana Sinha @ Sujit Sinha,

Son of Late Rajeswar Sinha,

Resident of Debdar,

P.S. Baikhora, Belonia,

District – South Tripura.

 

By Advocates : 

Mr. S. Talapatra, Sr. Advocate

Mr. D. Bhattacharjee

Mr. Bhaskar Deb.

                                        -versus-  

Respondents:

1.      The State of Tripura, Represented by the Secretary  to the Government of Tripura, Home Department, Agartala.

 

2.       The Director  General of Police, Government of Tripura, Agartala,

 

 3.        Sri Dipangshu Ranjan Mazumder The then Officer-in-Charge of Baikhora P.S., Government of Tripura, Agartala.

 

4.       Sri Tapan @ Parah Tapan Mazumder, Son of Late Satish Majumder, Resident of Debdaru, P.S. Baikhora, Belonia, District – South Tripura.

 

 By Advocates:

Mr. R. C. Debnath, Spl. Public Prosecutor,

Mr. A. C. Bhowmik,

Mr. D. C. Roy,

Mr. A. Bhowmik, Advocates. 

 

Amicus Curiae:

Mr. D. Kabir, Advocate 

Writ Appeal No. 20 of 2010

 

 

BEFORE

THE HON’BLE MR. JUSTICE I. A. ANSARI

THE HON’BLE MR. JUSTICE A. C. UPADHYAY

  

Dates of hearing    :            10.12.2010 & 03.02.2011  

Date of delivery of Judgment :  28.04.2011   

 

JUDGMENT & ORDER

(Ansari, J)

 

 

 Article  21  guarantees  fair trial.  A  fair trial  is  impossible  if  there  is  no fair investigation. In order to be a fair investigation, the investigation must be conducted  thoroughly, without bias  or prejudice, without any ulterior motive and every fact, surfacing during the course of investigation, which may have a bearing on the outcome of the investigation and, eventually, on  the  trial,  must  be  recorded  contemporaneously  by  the  Investigating Officer  at  the  time  of  investigation.  A  manipulated  investigation  or  an investigation,  which  is  motivated,  cannot  lead  to  a  fair  trial.  Necessary, therefore, it is that the Courts are vigilant, for, it is as much the duty of the Court  commencing  from  the  level  of  the  Judicial  Magistrate  to  ensure that an investigation conducted is proper and fair as it is the duty of the Investigating Officer  to ensure  that an  investigation  conducted is proper and  fair.  A  fair  investigation  would  include  a  complete  investigation.  A complete investigation would mean an investigation, which looks into all aspects of an accusation, be it in favour of the accused or against him. 

 

 

 

2.        Article 21, undoubtedly, vests in every accused the right to demand a fair trial. This right, which is fundamental in nature, casts a corresponding duty, on the part of the State, to ensure a fair trial. If the State is to ensure a fair trial, it must ensure a fair investigation. Logically extended, this would mean  that  every  victim  of  offence  has  the  right  to  demand  a  fair  trial meaning  thereby  that  he  or  she  has  the  right  to  demand  that  the  State discharges  its  Constitutional  obligation  to  conduct  a  fair  investigation  so  that the investigation culminates into fair trial. The State has, therefore, the duty to ensure that every investigation, conducted by its chosen agency, is  not  motivated,  reckless  and  that  the  Investigating  Officer  acts  in  due obedience  to  law.  It  is  only  when  when  the  State  ensures  that  the investigation  is  fair,  can  it  (the  State)  be  able  to  say,  when  questioned, that the trial conducted was a fair trial. Article 21, therefore, does not vest in  only  an  accused  the  right  to  demand  fair  trial,  but  it  also  vests  an equally important right, fundamental in nature, in the victim, to demand a fair  trial.  Article  21  does  not,  thus,  confer  fundamental  right  on  the accused alone, but it also confers, on the victim of an offence, the right, fundamental in nature, to demand fair trial. 

 

 

 

3.        The alleged violation of the above-stated principles is at the heart of  the  controversy  in  the  present  appeal,  wherein  the  appellant  is  the unfortunate son, whose parents were put to death at the time, when the appellant  was  barely  5/6   years   old  and  claims  to  have  helplessly witnessed his parents being killed. 

Munirathnam (Scientist)     24 December 2012

Dear Kumar,

 

The above cited judgement gives you options available to the innocent person of the criminal case (either complainant side or victim of criminal case).

 

It also describes the provision of section 173(8) of CrPC in support of Accused of criminal case. And the power of police and court to reveal the facts of the crimincla case before trail starts and after trail starts....

 

Hence you must read it and understand it the way it should be.

Munirathnam (Scientist)     24 December 2012

Dear Kumar,

 

As per the above post of Mr. Ashish only cross examination is sufficient to tear the case.... may be it is possible. You may try that option with appropriate priority. But better to be ready with your own evidecne to support your calims those may help when nedded else no one can hep at that stage. If your opposite side witnesses are smarter than your lawyer or if your lawyer coluds with opposite side then.....?

 

Hope evidecne has somevalue in court of law. And always people say evidecne is required to win the case. I may not be the expert to give complete information but clearly can say that if you have evidecne in support of your version, that you may need to secure before it destroys, we do not know what happens in cross and if any requirement of any evidence/document required at that stage and if will destroy by that time, need proper effort from your side.

 

Finally if you produce your evidecne in support of your case and your version then the Hon'ble Court has to say that your side material is invalid on relevant gorunds.... at that time Hon'ble Court see your side material to protect innocents, if applicable.....

Munirathnam (Scientist)     24 December 2012

Dear Kumar,

 

If you could say in the High Court with sufficient material that the wife's sucide is not possible to happen with dowry harassment in any given circumstances then you can approach High Court but is it possible.... I believe NO? If answer is no then you can not get anything from High Court.

 

If you say YES, then share your points to coment on those points/grounds ....

Munirathnam (Scientist)     24 December 2012

I agree with you that truth could win hence smarter lawyer could win against the Smartest false witness.

kumar (swe)     21 January 2013

Evidences:


1)  They are complaining that we are demanding extra dowry of 10 lakhs (which is false), and me and my family bore grudge against my wife on 05-Jan-2012 and necked the decease person from my house, and she informed to her father and he took back to his native.

-- But on 04 -Jan- 2012 she went to my in-laws house as a part of festival, i had a conversation with my wife very harmoniously on 05-jan-2012 10.45 AM. I have clear recordings. And also i am in office in Chennai at that time 05-jan-2012 not in my native place. my wife is in my in-laws house at that time. How can we necked her from my house as we are at different places at that exact time of incidence. I am in my office and she is in my in-laws house and my father and mother are in my native @3 different places. Is CDR with tower details useful to prove that we are not at that place when the incident took place?

2) I had so many such recordings to prove my innocence, which are against their allegations.
  For these i need CDR and (or) tower details. How can i get those documents using Crpc 91 sec with out
my lawyer concerned?  what is the procedure to apply now? Trail is not yet started. Please help me to get those crucial documents in advance as it is time sensitive (tower data).

And i also want to know how strong my evidences to fight back in my case? Please help me!

 

Thanks

Kumar
 


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