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Moirangthem Biren   21 October 2021

Highest punishment for culprits accused of murder attempt.

FIR was registered against three culprits who attacked my daughters and son using 2 inches G. I. pipes on heads. Records of casualties already furnished to IO. Two of them ( Govt employees had immediately put under suspension.

My Lawyer is saying that, their suspensions will be reinstated after three months. My intention is to block their reinstating at any cost and punish them highest what the law says.

How I will face the struggle to achieve my goal.

 9 Replies

Kevin Moses Paul   21 October 2021

As per your concern let me inform that the offence of Attempt to Murder is dealt under section 307 of the Indian Penal Code (IPC), 1860.
The section states that — "Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned".

◾Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

The classification of such crimes is given under Schedule 1 of the Code of Criminal Procedure (CrPC), 1973. The classification is as follows:-

(i) Attempt to murder — 10 Years + Fine

(ii) If such act causes hurt to any person —Imprisonment for Life or 10 Years + Fine

(iii) Attempt by life-convict to murder, if hurt is caused — Death or 10 Years + Fine

[All of these offences share similar characteristic traits as all the three are COGNIZABLE ; NON - BAILABLE as well as Triable By COURT OF SESSION].

Hope the above information helps!

Kevin M. Paul

Pradipta Nath (Advocate)     22 October 2021

If the accused persons have been booked under IPC, you hardly have in jurisdiction over the decision of thier employer in their reinstatement. You can hardly file your representation before their personnel department, but in this case there is no legal complusion. It is will be better that you concentrate of your prosecution evidences and get order in your favor.

Further, you can even sue for compensation before the civil court from the accused person to put an extra pressure.

Dr J C Vashista (Lawyer)     22 October 2021

Suspension from service is a departmental action whereas crime committed is a different to departmental action.

Instead of confusing be clear what is your concern vis-a-vis query if you are dissatisfied with the advise of your lawyer who is well aware about facts and circumstance of the case(s).

Moirangthem Biren   22 October 2021

They were arrested but released on bail. FIR is under investigation stage. How they could be released on bail despite FIR was registered under non bail able ?

G.L.N. Prasad (Retired employee.)     22 October 2021

Your duty is to complain about the crime, the rest depends on the inquiry of investigating reports and other evidence.  Except making a statement to the police, you have no role to play when the court delivered a verdict.  You are represented through Police and a Public Prosecutor.  You can only request them to help you.

Dr J C Vashista (Lawyer)     22 October 2021

Law of land shall previal upon your desire.

Moirangthem Biren   22 October 2021

What is minimum period of investigation by IO ?

G.L.N. Prasad (Retired employee.)     22 October 2021

There is no such prescribed period, there are cases investigated within a week, and depends on evidence.

P. Venu (Advocate)     28 October 2021

Your query is based on misconceptions.

Firstly, non-bailable offence only means that the Court only grant the bail, not the Police. During investigation and trial, bail is the rule and jail, the exception.

Secondly, under the service rules, suspension is not a punishment. The statutory rules mandate in placing a Government servant under suspension once he has been police custody for more than 48 hours. However, once he he has been released on bail, suspension would be revoked in due course. Placing a Government servant under suspension is heavy burden on the public exchequer. The official placed under suspension is entitled for subsistence allowance @50% of pay and allowances for the first three months and 75%, thereafter.

Further disciplinary action needs to be taken if the official is convicted. He could be summarily removed/dismissed from service if the offence for which he has been convicted involves moral turptitude.

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