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false case against 498a and murder case


Dear users,

 

First of all, I would like to say thanks to all of you for addressing my concern.I am listing the facts about my situation and would like to ask few queries/suggestions for the same. Please help me out.

 

My sister was married in 2006 in Haryana. After 1 month only, her in-laws started to demand for dowry.

 

In the mean while,My sister went along with her husband who was working in UP.

 

After 4 months since the marriage, He(husband of my sister) along with his other family members, murdered my sister.  We imposed the case on him and his family members with murder charges along with 498a. Trial begun in UP

 

In 2009, court found him guilty and awarded him life imprisonment, though his mother & father along with other members were acquitted.

 

What i said above, was to give you the over view of whole sequence of events. I want to have some suggestions regarding what I have written below. 

 

Soon after they murdered my sister, we came to know that they have filed a false case against us in Haryana. They filed a false case against us under section 148, 149, 323, 324 and 427. They claimed that on the second day of my sister' murder, we went to their home and beaten up one kid of 17 years old very brutally. In FIR, they mentioned the name of my 5 family members. They have also produced a false medical certificate and three eye witnesses.

 

After that, police investigated the matter and they closed the case by finding the facts that it was a false case.

 

Soon after that, they filed the case through one of  district court in haryana and since then trial in process. Doctor(Govt. hospital), who issued the medical certificate, testify neutrally in court. He said that the marks on the body of victim could be genuine injuries OR they could be self made by victim itself.

 

Most of the queries are asked in terms of case against us filed in Haryana(Dist Court).

 

I have some queries regarding what I wrote above.

 

1. Does the doctor statement go in our favor ?

 

2. They have three eye witness in the case. Father name of one is not correct in the report. Will it be in our favour?

 

3. Police cancelled the case after initial investigation. Will court take that into account ?

 

4. What are our chances of winning/loosing in this case?  Though this question is very vague, but  still I would like to have your opinion. In case, we loose here, what might be the term, we shall have ?

 

5. Is it mandatory for eye witness to testify in the court? In case, some one does not want to, then will court send him the summon ?

 

6. In such cases, what are the chances that high court & Supreme court will accept your plea if you want to challenge the verdict given by lower court?

 

7. What is the term of life imprisonment in Utter Pradesh ?

 

8. If a retired person got convicted in such case, what are the chances that he will loose his pension ?

 

9. Can we reopen OR challenge the verdict given by district court of Uttar Pradesh court (given in 2009)  at this point of time ?

 

10. In FIR , they have not mentioned the presence of any of eye witness. How that will affect the case ?

 

 

Please provide your valuable feedbacks and suggestions.

 
Reply   
 
Advocate/ nadeemqureshi1@gmail.com

Dear Sandeep

No need to worry, my pointwisde opinion on you query

1.Does the doctor statement go in our favor ?

Yes, It may be

 

2. They have three eye witness in the case. Father name of one is not correct in the report. Will it be in our favour?

this is not a big favour, it may be mistake of writing. but favour is favour. yes it will be favourable. 

 

3. Police cancelled the case after initial investigation. Will court take that into account ?

yes

 

4. What are our chances of winning/loosing in this case?  Though this question is very vague, but  still I would like to have your opinion. In case, we loose here, what might be the term, we shall have ?

its depend on the arguments and evidence. Can't say without knowing full facts.

 

5. Is it mandatory for eye witness to testify in the court? In case, some one does not want to, then will court send him the summon ?

yes it is mandatory, yes first the court issue summon after that warrant.

 

 

6. In such cases, what are the chances that high court & Supreme court will accept your plea if you want to challenge the verdict given by lower court?

It's depend on the verdict given by the lower court, if the lower court neglact the evidence and witnesses of the case and passed an order againstthe accused then the HC/SC definetly accept the plea.

 

 

7. What is the term of life imprisonment in Utter Pradesh ?

 

148, 149 (three Years), 323 (1 Year) 324 (3 Years) 427 (two years)

 

8. If a retired person got convicted in such case, what are the chances that he will loose his pension ?

No, he can't loose his pension

 

9. Can we reopen OR challenge the verdict given by district court of Uttar Pradesh court (given in 2009)  at this point of time ?

Yes you can, but you have to need to file an application u/s 5 of Limitation too before HC/SC as case may be

 

10. In FIR , they have not mentioned the presence of any of eye witness. How that will affect the case ?

then the question is how they are Eye witness. it can be challange by collecting evidence against them.

 

Feel Free to Call

 

Does the doctor statement go in our favor ?

 

2. They have three eye witness in the case. Father name of one is not correct in the report. Will it be in our favour?

 

3. Police cancelled the case after initial investigation. Will court take that into account ?

 

4. What are our chances of winning/loosing in this case?  Though this question is very vague, but  still I would like to have your opinion. In case, we loose here, what might be the term, we shall have ?

 

5. Is it mandatory for eye witness to testify in the court? In case, some one does not want to, then will court send him the summon ?

 

6. In such cases, what are the chances that high court & Supreme court will accept your plea if you want to challenge the verdict given by lower court?

 

7. What is the term of life imprisonment in Utter Pradesh ?

 

8. If a retired person got convicted in such case, what are the chances that he will loose his pension ?

 

9. Can we reopen OR challenge the verdict given by district court of Uttar Pradesh court (given in 2009)  at this point of time ?

 

10. In FIR , they have not mentioned the presence of any of eye witness. How that will affect the case ?

 

 

Feel Free to Call

 

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91 9953809956

        +91 8802305262

 
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