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Aftab4u (PVT EMPLOYEE)     23 October 2013

Postmortem

Sir,

One person regular use to have alcohol and use to shout and one fine day died in intoxication condition by falling down from steps and a pipe hit him on the head after some hours he died but not one noticed till morning as every one thought its a regular issue he use to have drinks and use to shout and sleep outside the house. in morning once the formalities of burial grounds are over. The next day the family of the deceased person filed a case on the wife and his 12 years son that they killed him with the iron rod etc., but all the colony are witnessed about the deceased person nature his drinking habits etc., in the process the 5th day the FIR has been filed by deceased family members and police came and they have taken the body out and they have done the postmortem and the forensic results are awaited. The wife and her 12 years son are harassed by them from the date of death. If after forensic results are negatived and once the wife and her son get a clean chit what action can we taken against them for harassing and torturing them.



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 4 Replies

Laxmi Kant Joshi (Advocate )     23 October 2013

1. A person daily consumes alcohol and found everyday sleep outside the house , It doesn't mean that he cann't be murdered 2. If fir be done by the deceased relatives against his wife and his minor son aged 12 years ,local police has powers u/s 176 crpc to dig out the dead body of the deased person and after investigation send his body for postmortem , postmortem report clears all the points how the person died , by consuming alcohol or he is murdered . 3. If the deceased died naturally then no case will be charged and police file The fr in the court , if he is murdered then his wife will be prosecuted u/s 302 ipc.

Isaac Gabriel (Advocate)     24 October 2013

Unless the contray is proved,the authorities have got immunity over the action taken on good faith.

Sudhir Kumar, Advocate (Advocate)     24 October 2013

please help thme out of the allegation.

T. Kalaiselvan, Advocate (Advocate)     24 October 2013

If the Post mortem report negatived the views of police, ask the wife and the child to sigh a relief than going for any action against the police for harassment etc.


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