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Joyjoyee Sen (Computer Programmer)     26 July 2010

Please Help

My brother is falsely accused in s/c 306. Now all the witnesses are complete and only cross examination is remained. They have already taken a date from court and now the next date is on 4th Sep, 2010. In their witness they have submitted only one SMS sent by me in which I had written that my brothe is like that. Please don't get upset. Everything will be alright. Actually I had written the SMS to her because one day she complained that my brother had forgotten her birthday and went to Nainital with friends. Except this SMS they could not place any evidence which can go against my brother even in their witnesses also lots of controversies are there. Her mother's 1st statement is not matching with her 2nd statement. Now I am feeling guilty is this SMS can go against my brother but in the SMS I have only written my brother is like that like that means what?? Please give suggestion. One more thing if they again seek will they get another date for cross examination?? Please give your valuable advice.



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 July 2010

Your question is not sufficient to answer,It depends on the croxx examination and admissions and contradictions.

A Truthseeker ( A retired Indian citizen)     26 July 2010

it appears from your post that what you have written in ur SMS that UR brother is not very much like other young people who often get preoccupied with their family , wife , sons and like . so on a day which happens to be his wife's birthday he went on tour with his friends and enjoyed instead of honouring the wife's birthday. it does not mean cruelty to or ignoring the wife .

Joyjoyee Sen (Computer Programmer)     27 July 2010

He was not married. Just few month before the suicide they got introduced and decided to marry. Suddenly my brother changed his company and went to Hyderabad. After her committing suicide all the family members given statement to the police that she did bad result in exam and commit suicide. After few months suddenly all of them changed the statement and accused my brother. My brother was arrested and a case of s/c 306 was lodged. He got bail in 3 or 4 days. They don't have any evidence against my brother that is why what they did they had taken date after date and harassing my brother for last 4 years. Now all the witnesses is complete only cross is remaining. The date of cross was on 4th June but they again taken date and next date is on 4th September, 2010. can they again get date from court? The SMS which I sent to her on her Birthday that is the only evidence they had present to the court. Is that going to harm my brother. Please suggest. Hope this time I am more clear.

Ayush (Advocate)     27 July 2010

You are enough clear. First I would like to explain you that the dates in the court are provided even on minor reasons. there may be any reason for the court to give date and no one can stop it. The dates may be given on even on the reason of absence of judge or due to absence of any witness. The advocate may be missing on th day. Look! future is uncertain. However, there may be many ways for your counsel to compel the court to go with the proceedings.

The basic question is whether the SMS sent by you can be taken as substantive evidence by the court to held your brother guilty.

Section 306 includes abetment of suicide. Abetment basically menas to instigate someone to do an offence. The question arises whether the act of your brother instigated her to commit suicide. whether your brother knew that his act is going to instigate her to kill herself.

I mean, your brother must have the knowledge that his act of ignoring her birthday will prompt her to kill herself. if the answer is no....your brother is safe. In normal life, this act of a spouse does not instigate the other spouse to kill herself/himself. what I believe in your case, your brother is going to be acquitted by the court.

Now, we come to your SMS to her. Your SMS proves that she was angry with your brother and you have tried to settle the issue. Your SMS does not show at any point of time that your brother had guilty intention to kill her. What is necessary to held any person convict is his guilty intention. YOur brother I hope never intended to instigate her to kill herself.

Remember, if at any point of time it is proved by the prosecution/police that your brother is in habit of dumping the girls, the court may take it adversely.

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