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Sameer (Executive)     03 April 2013

Query reg: ipc section 306, 498a

Dear Experts,

This is Sameer here. I am new to this forum. I have few queries regarding my case. below are the details of my case. Please advise me on the same.

In Januray 2011 my wife committed suicide in the home where we use to stay. The relationship ended after 1.9 years our marriage. As i was out of station from the place where the deseased commited suicide by hanging. She was well educated but i donno what went  wrong in her mind and suddenly she committed suicide.

Just a day before her suicide her mother was with her(previous night). I donno something quarrel happened between her mother and her and she committed suicide by hanging on the same night. When i came to my rented house and knocked the door i did not got any response from her and i peeped from the window and i saw her body was hanging from the ceiling. I was stunned and i was totally not in a position to answer anything. Then i called my parents and informed about the incident and indeed they informed the same to her parents. Her mother who travelled a previous night from the house where the incident took place, when came to know about her daughter's sad demise, suddenly behaved differently. 

Then the same day all her parents except her father started journey and reached the place. Both(mine and deseased) of our parents stay in the same place. Before all this i went to concerned police station with my close relatives and complained about the incident. the police people came to the house along with me and tried to open the door which was locked from all the place. 

Then later after her parents arival , mainly her mother gave complaint against me, my father, mother and my sister saying that we use to harass her mentally . Finally her mother lodged FALSE complaint against us under IPC section 306, 498A r/w 34 IPC. Her mother stated in her  statement that "The deseased use to tell all this through phone to her parents" which she never use to do.

In FIR her mother stated that , i (accused1) use to harass her by (1)not taking her outside (2) They have mentioned that i have taken her ATM card and use to spent it for my and my family personel use, which i never did(3) then later i gave it back also (4) Similarly i never use to care her feelings. Like this all the false statement she has given in FIR.

We took anticipatory bail for my parents and sister but i was sent to judicial custody for few days got the bail after some days. Then police took 1 year time to file charge sheet, and in chargesheet they discharged my parents along with my sister saying that they did not have any hands in the offence stated by deseased mother. But the case is still remaining on me.

They filed chargesheet on December 2011. The the case was committed to session court in February 2012. After long time the trial was started i .e in Jan 2013.  I am facing the trial now,  1st the summons was sent to 1st four members and they did not came to court. then later it was sent to deseaced parents(father+Mother) only ,again they did not come to the court. Finally after 2 years they came to court in 3rd call from the court.

Her mother in the court gave her statement aginst me and she was telling to judge that she was surprised to see my parents and sister were dropped from the case. She was telling to the court that i use to harass her by not taking her outside and my parents use to scold her for not getting up early in the morning and not doing any work because of which she was frustrated and committed suicide - all these statement were FALSE and most of the extra things she told to court which was not there in the charge sheet.

One more important thing is that she has left a note in a long book which was obtained after 1 day of her death. In that letter she scolded her father for not being loyal to her and his over drinking. Mainly she has mentioned about her affair which she had it before our marrige. She clearly mentioned in the letter that she use to love the other person like anything. And later when she asked him to marry, he refused and she was forced to marry me from her parents and her boyfriend. Also she has written that no one cared her feelings including her parents. And she has praised her ex boy friend more in the letter. And no where in the letter she has mentioned that she is dying because of me or my family instead she has clearly written that where ever i am staying let me leave happily.

This i came to know when the charge sheet  was filed. And i was hurt like anything. her parents hided many things about her past to me and my family.

Now when the case is running they are missing continuosly for 2 dates and attending it and giving all the false ststements against me.

Can all the experts suggest me on this , so as to how get rid of this case as early as possible.

Best Ragards

Sameer



Learning

 4 Replies

Sameer (Executive)     03 April 2013

Dear Experts,

Please advice  about the matter which i have mentioned above. waiting for your reply..

abhishek (advocate)     03 April 2013

looking to the letter u should have challenge the  fir or charge but neways i dont think there are chance of  your conviction and ask ur adv to take short dates if possb n get the trial expediate wish u luck

Sameer (Executive)     04 April 2013

Thank you abhishek ji for spending your valuable time in my case details. Main problem in my case is time, it is taking more time and the main witness like her mother, father and brother not attending the case regularly. At presenting the prosecution examination is going on.

Can you please let me know what kind of sentences in the death note cause problems to the accused. If she write no one cared her feelings, no one loved her properly and she stated that she hate all etc .., will create any problems in the case.

In that case can any one please let me know how to care the feelings of partner. How to justify the judge that i have cared and loved her more than anyone.

 

Thanks and Regards

Sameer

abhishek (advocate)     04 April 2013

 ur in laws are not required to attend the case after the recording of their statements before the court and cross examination and regarding that deat note its depend on the judge how he appreciate it and the other evidence.


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