Dear Experts,
We are facing false 498a/406. Police has challaned 3 family members out of 7 named in FIR i.e. Husband, Father in law and Mother in Law and rest 4 family members are found innocent during investigation and hence kept in collumn 2 of chargesheet. This innocence has been endorse by DSP also. Out of 12 Prosecution witnesses, 4 given up by the prosecution in which 2 were outsiders . One is the owner of the house from where wife has taken her Stridhan and another is from where she has kept her Stridhan. Both of them has given this statement during police enquiry. Even Father of the complainent has also been given up by the prosecution who as per complainent was present during dowry demand. These all were the real witness which was given up by prosecution stating that they are unnecessary, There is nothing in the file except the statement of complainent which she has proved during her witness. Complainent has filed application u/s 319 of Cr. P.C. for summoning the 4 persons not chargesheeted by police which has been dismissed by ACJM and revision of the same is also dismissed by the Session Court. Now PW is closed. Now we have to record our statement u/s 313 of Cr,P.C. We are planning to not produce any witness but to produce documentary evidence available with us like medical of parents of Govt. Hospital that they were in Hospital on alleged dates for speedy decision of the case since present judge is going to move in end of March 16 and he is aware to entire file and willing to decide the case sooner. Kindly advise whether we are correct and how we should proceed further.
