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rajesh (student)     20 August 2012

False dowry death case

Hi All,

  Three month back my  wife(married 6 months back) died due to commiting suicide by hanging from ceiling fan.At that time only my bhabhi and mother was present in home. and the room was locked from inside.my bhabhi and other persons from outside break the door and lift her down in the hope that she is alive.but a local doctor said that she is no more.in mean while time she call my father ,husband, and me.then all rushed to home .after that in laws family come to home and agreed to do cremation of my wife. My wife is real younger brother of my bhabhi.

But her father  complain to SP via letter in which he states that me ,my father and mother murder my wife in lieu of non- recipt of dowry.but my marriage is love marriage in which my parents was not present. At the time of incident i was 70KM away from my home due to job and my father was also at job and my brother was also at job. The incident happened at 9.30 AM and my mother was sleeping at that time. My brother has two sons. Neither we have asked for dowry before or during marriage not after marriage.

I know its a false dowry case and also a false murder case. Still the reason for sucide is unknown for us. I tried to get any clue

from her mobile but she has deleted all incomming and outgoing call details.
Financially they are weeker than us.Our family has 10-15 times more monthly income than their family.

  For the issue we are facing

1. What is the procedure for getting the bail for my father,mother and my self ?
2. what should be our steps to escape from all the IPC sec and proof us innocent.
3. What is the key points of area where we can proove us innocent.
4. How should i get prepare for the trial.

Please suggest any other key points or areas where i should give more importance.

Regards,
Dinesh



 11 Replies

Ranee....... (NA)     20 August 2012

You need a very intelligent criminal lawyer.ALSo post the query in expert section. Dnt worry.

Saurabh..V (Law Consultant)     20 August 2012

@rajesh

 

See my answers below:

 

 

Q.1. What is the procedure for getting the bail for my father,mother and my self ?

 

A.1. You have to first clarify if there is a FIR in any police station against you OR if police has registered a DD Entry and investigating the issue OR you & your parents and already in police/judicial custody (Jail)?

 

Supposing that FIR is not lodged, you need not worry or go to Court. Just keep a watch at the police station where the investigation is going on. As soon as the FIR is lodged, you need to apply for Anticipatory Bail under S.438CrPC and engage a good lawyer.

 

Supposing that FIR is lodged then you should immediately apply for AB as explained above.

 

Supposing that FIR is lodged and arrests have been made, then you apply for Regular Bail under S.439CrPC.

 

Please note all above applications are to be first made before the Sessions Court and if failed then to the Hon'ble High Court.

 

Also, you have to first confirm if there is a suicide note left by your wife? If not then you have to tell the police/court that there is no evidence against you to continue with the case. If in case your wife has left a suicide note but she has not named you or your parents in the suicide note then also there is no case made out and police cannot do anything. but if in suicide note your wife named your and your family to be responsible then you have to apply for bail as explained above.

 


Q.2. what should be our steps to escape from all the IPC sec and proof us innocent.

 

A.2. You have to convince police/court that you did not provoked your wife to commit any suicide. You have to show some other reason (other than matrimonial dispute) because of which she committed suicide. This case (if registered) would be under S.304B which clearly states that if any girl commits suicide within 7yrs of marriage then the burdon of proving the reason is on the husband and his family.

 

 

Q.3. What is the key points of area where we can proove us innocent.
 

A.3. Explained above.

 

 

Q.4. How should i get prepare for the trial.

 

A.4. Prepare your case by engaging a good and trustable lawyer.

 

//peace

/Saurabh..V

rajesh (student)     20 August 2012

in this matter my wife did not left any suicide note. and matter is in under police investigation.

is my bhabhi statement will helpful or not in this case.

will case rejected by police investigation

kindly help me.

rajesh (student)     20 August 2012

in my case i also want to know that my in laws family they have to produce some evidence of that our family wants dowry from that .

my bhabhi is also real daughter of my wife father in her marraige we didnot take any money or luggage.

rajesh (student)     20 August 2012

how can i get call detail record of mobile no. in this regard i can use rti?

abhishek (advocate)     20 August 2012

hi rajesh tell me did u informed the police abt the suicide comm. by ur wife?

rajesh (student)     21 August 2012

yes I informed that my wife committed suicide by hanging from ceiling fan.

abhishek (advocate)     21 August 2012

whats the status of that report and did the magistrate made any inquiry?

ayush malik (lawyer)     21 August 2012

rajesh u dont need 2 wry..if u wnt a good criminal lawyer...i will ask my senior lawyer he'll defintly help u out in dat case..

 

regards

adv.ayush malik

pronab gayen (AT)     23 October 2014

I needed a criminal trustable lalawyer  in calcutta high court to getting 438 bail and quash the FIR and all alligation upon me.

    I want to discuss personaly with him . please  recommend a senior criminal lawyer i calcutta high court.

 email  :www.pronabgayen@gmail.com

Sudhir Kumar (Retd Govt Officer)     24 October 2014

repeated

 

https://www.lawyersclubindia.com/experts/I-needed-a-trustable-senior-criminal-lawyer-in-calcutta-high-court--503546.asp#.VEomPWeO5G0


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