Simmi (HR) 08 May 2013

medical certificate as evidence

My sister in law submitted medical certificate by government doctor in 498a case. She said in 08 November, 2010 my brother and all family beaten her in locked room and used knife to cut her hand's veins and her eardrum was broken by beating.

It is true that my brother beaten her when she cut her hand with knife in September 2007 on some husband wife hot arguments and her eardrum was damage.

Will my brother get punishment for crime which was done in September 2007 and whose FIR is in Jan 2011?

Do this give any benefit to her case? My brother accepted in front of Investigation officer that he has beaten and her drum was damage and he took care of her for 15 days. He said all happened in anger when his wife provked him for some silly reason and hand veins was cut by herself in anger.

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4 Replies

Simmi (HR) 09 May 2013

During trial can my brother change his statements that he did not do any beating.

Harsh (Manager) 13 May 2013

@author

she provoked him or did something so stupid (cutting her wrists) that your brother got angry.

in anger, your brother hit her so hard that she started bleeding. this is not acceptable - did he hit once or kept hitting her? if your brother has uncontrollable rage he also needs to learn how to handle such a situation.

physical force is acceptable only when it prevents further damage. Like he can slap her very well if she is trying to jump off a building or a moving train - to SAVE HER.

but I dont think this incident should be linked to a 498a (498a is strictly dowry related as per judgements).

his wife can file a DV case - but the expiry date is long gone.

1) your brother can change his statement in court. but it will reflect badly on him in the court hall.

2) i suggest you work with your lawyer and be honest in front of the judge - tell whatever happened as it did. i think your brother may not be punished since this should be out of 498a and second she has not filed a DV. what your brother did was NOT TORTURE it was his momentary reaction for her irresponsible act, though not completely right. people do lose control depending upon the situation, however it shouldnt become a habit. you should talk to your lawyer.

Sudhir Kumar, Advocate (Advocate) 20 February 2014

THERE WAS ARGUMENT

SHE GOT SO DISTRUBED THAT SHE CUT HER VEIN

THEN SHE WAS BEATEN HARD SO AS TO CAUSE PERMANENT DIABLEMENT

WHAT ELSE DO YOU THINK TORTURE IS?

Now you are advised that he should tell truth before judge and get acquitted. This can happen in movies (unless some vital facts are not narrated by you).

Your brother may change his statement but the complainant's evidence if does stand cross-examination is sufficient. Every accused pleads before judge that he is not guilty. But legal process takes care.

You can go through media reporting of past few years. Many affluent criminals tried this.

HE SHOULD BEG MERCY OF HIS WIFE.

Sudhir Kumar, Advocate (Advocate) 20 February 2014

You are also advised that beating should not be linked to 498a. I am not able to agree or disagree with that because you have not narrated vital facts as to why the argument was there and how ofter arguments were there and who are all named in 498a.