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Shankar   12 December 2017

Need advice on a case u/s 306 ipc

Hi All,

I need experts' advice on a case against my cousin, Vignesh & his family u/s 306 ipc. His entire family was sentenced to undergo for imprisonment for 10yrs & fine of Rs.10,000 given by District Court. Now they are in bail and struggling a lot by this. The fact is, there was some financial transactions between my cousin family and the deceased family. The deceased was doing a busines, i.e. share market broker. Vignesh's parent had given some jewel and money to the deceased as requested by her to do a business. However after somedays the deceased refused to return the borrowed money. So Vignesh's family filed a complaint in local police station against the deceased and the deceased gave a statement in PS saying they'll return the money in 3 months. Meanwhile, they made a payment of a part of money and asked for another extra month to pay remaining. But on the day of final remaining payment the deceased had committed suicide (hanged herself) with suicide note. The suicide note is completely blaming my cousin family and thus PS registered FIR u/s 306IPC against Vignesh & his family. Based on the suicide note the district court sentenced them for 10 yrs. as of now they got bail and they really don't know how to handle a case. as per my knowledge, they helped the deceased, but the scenario is totally changed against them now.  My question is, how the suicide note will be valued in this case. Looking for expert's advice.



Learning

 2 Replies

surendra prakash agrawal (advocate)     13 December 2017

The suicide note be legally and critically examined by handwriting experts. We are unable to offer any blind remedial steps in absenmce of complete papers available on the file of the court/police.There may be several other reasons either for murder or suicide. Any expert advocate can cross examine the prosecution witnesses. 

You may prefer to file counter FIR against the involved parties, if it is so.

Alternately, proceed to Hon`ble High Court of the applicable jurisdiction to get quash the FIR u/s 482 etc ab-initio by filing Writ.   

surendra prakash agrawal (advocate)     13 December 2017

The suicide note be legally and critically examined by handwriting experts. We are unable to offer any blind remedial steps in absenmce of complete papers available on the file of the court/police.There may be several other reasons either for murder or suicide. Any expert advocate can cross examine the prosecution witnesses. 

You may prefer to file counter FIR against the involved parties, if it is so.

Alternately, proceed to Hon`ble High Court of the applicable jurisdiction to get quash the FIR u/s 482 etc ab-initio by filing Writ.   


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