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Dinesh (SW)     11 April 2011

Need help for false 302, 498A and 304B

Hi All,

One month back my borthers wife(married 2 yr back) died due to after drinking kerocine and poison. We took her to hospital and in

hospital she died. As per the postbuttom report there is no physical injury and cause of death is due to kerocine poison. But her

father logged and complain which includes IPC sec 302,498A and 304B. They filed the case against 1- My brother, 2- My father, 3- my

mother 4- my sister(not married). At the time of incident my brother was 100KM away from our home due to job and my father left to

my brothers house day before the incident. The incident happened at 7.30 AM and my sister was sleeping at that time. My brother has

a 2 month old son. Neither we have asked for dowry before or during marriage not after marriage.

I know its a false dowry case and also a false murder case. Still the reason for sucide is unknown for us. I tried to get any clue

from her mobile but she has deleted all incomming and outgoing call details.
Financially they are weeker than us.Our family has 10-15 times more monthly income than their family.

Current situation : We applied anticipatory bail for 1- father, mother and sister and 2- my brother. 1st bail got rejected but 2nd

bail(bail for my brother) is successful.I wonder though my brother is the 1st accused then also bail is successful but not for my

father, mother and sister.Recently we have returned all the gifts and belonging with the help of local police.

My lawer told us to wait for some days and he is thinking for some solution. please help me or guide mr for the issue we are facing

1. What is the procedure for getting the bail for my father,mother and sister ?
2. what should be our steps to escape from all the IPC sec and proof us innocent.
3. What is the key points of area where we can proove us innocent.
4. How can i collect all the proof and get the real cause of sucide. If i can get any idea about the mobile call then also its helpful.
5. How should i get prepare for the trial.

Please suggest any other key points or areas where i should give more importance.

Regards,
Dinesh



Learning

 7 Replies

Vibhor Verdhan (Lawyer)     11 April 2011

Kindly Provide the other necessary details on vibhor_verdhan@yahoo.com ; verdhan.solicitor@gmail.com

Advocate Rakesh Raja (d)     11 April 2011

As per your story the incident is really painful. However, talk to your lawyer if possible go for compromise.
 

Manas Prakash (Advocate)     26 April 2011

You have not wrote that which court has rejected the Anticipatory Bail.If it is rejected by Session court then you have option to move in the High Court for Anticipatory Bail,there you can take plea that husband has been granted bail.For 304B it is necessary to prove that soon before the death deceased has been subjected to cruelty or harrasment.But in your case it seems unlikely as there is no any physical injury,but still you can be charged with mental cruelty.Anyway first try to insure bail for all family members.You are also having option of filing a Quashing in the High Court later on.Try to ascertain previous antecendent of the deceased.

At last hire a good criminal lawyer and follow his instruction.

Manas Prakash

07250239209

Dinesh (SW)     11 August 2011

Thanks for all your reply. Finally we got the bail and also returned all the gifted things including shoe, saree, towel, brush, tv, bike, ornaments, utencils....even if transportation charge they made from their home to our home during marriage.

Now we are waiting for the trial. Please guide me to get prepare for the trial court. What should be the pre preparation for it.

One more point : Meanwhile they complained to SP and mahila commission of police for the same and it got published in paper. The story in mahila commission(published in print media) and the complain in police station seems to be different. Is it helpful if i will get a copy of complain from mahila commission. Is it possible to collect a copy ? And how ?

Please keep posting all your ideas which will prove us innocent.

Thak you all

Dinesh

 

V Kumar Singh (Executive)     10 December 2012

what reasons were given by judge for rejecting parents AB, but accepting that of the husband's ? later on, what reasons were given for parents AB acceptance ?

Atanu Pathak (System and network administrator)     10 December 2012

 

Sir,

I, the undersigned, Atanu Pathak, son of Mantu kumar pathak of Vill + P.O. – Bhastara, P.S. – Gurap, Dist - Hooghly, 

That on 17th  February,  2012  I got married with aforesaid Pritha Banerjee, daughter of Subhas Chandra Banerjee and Kabita Banerjee.  After solemnization of our marriage we passed 7-8 days happily but thereafter when my said wife returned in our home after austomongala, my wife Pritha Pathak pretended severe headache in every now and then. Consequently, I took her to the doctors and as per their advice several clinical tests were also made. According to the suggestion of her parents she was taken to her parental house and as she felt relief, she used to stay in her parental house and I visited her twice in a week. She studies B.A part-2 at Haripal College and for all these she used to come at my parental house very rarely.

It is curious enough that for last two three month she had been nagging to leave and reside with me separately but it was not possible for me to leave apart from my parents as I am their only son and there is none to look after them and as such I refused her proposal for which all her family members were pressurizing me and my parents which came to an end on 08-11-2012 with great altercation.

That on 09-11-2012 she went to her parental house and since then all her family members had been using to threaten me over telephone and frightened me to implement in a criminal proceedings U/S 498A I.P.C and on 11-11-2012 when I was at my office, the said Smt. Pritha Pathak along with the persons complained against who are her parents, brother, sister in law and her maternal uncle, cousin (her mother’s sister’s son) and other persons at about 5:30 PM came to our house  in a rental car and abused my parents with very filthy words, rushed upon them, threatened  them with dire consequences and even tried to beat them by slap and fist and blow. However, as I was not present they left our home and went to the Gurap P.S., lodged a written complaint against me and my parents and on the basis the same a criminal case being No. 81/12 dated 11-10-2012 U/S 498A has been initiated.

I like to mention here that wife is 19 years old, very emotional, does not possess any intellect and is always guided by her parents, brother and sister-in-law, she did/does everything as she tutored by them. She is not mentally fit and tried to commit Suicide. The doctor advised her to consult with any psychiatrist doctor and she was consulted with Dr. Anindita mukherjee.


Attached File : 580961532 vaskor roy (2nd).jpg downloaded: 183 times

Ajay   28 February 2016

Hi, pls help me know what is the situation now, I am also going thru same case happening with my brother.... Pls advise.

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