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rajiv rajan (rr)     28 December 2012

Regarding 304b and 498a

 

Below is listed brief facts regarding a case of dowry death reg. as 304B, 498A, DP34 act against husband and whole family (total 3) –(all get regular bail)

Case of 304B and 498A 

1. According to PM report deceased has committed suicide by hanging. There is no anti-mortem injury. Also in Suicide note it is mentioned that due to my illness i am committing suicide and there is no involvement of my sasural and mayakaya.
Wife is suffering from mental disorder from her childhood. Treatment is in process from long time. All the papers related to treatment is available with husband.

2. Husband was through-out remain available on the day of incident. FIR has been made after eight days.

3. Husband was living separately far-away from her matrimonial house and his family has neither lived nor visited the place. This facts is also mentioned by police in chargesheet.

4.Husband had very good financial condition, demand of dowry doesn’t seems sustaining against the documentary evidences he has like –

i She was nominee of LIC/EPF/PF on husband.

5. Complainant side has present some photograph at the time of marriage.

6.There is previous record regarding ill-treatments. As girl is patient of Schizophrenia (a type of mental disorder) from childhood all the medical papers related to this is available. 

7.There is no specific charge of cruelty in the statements of in-laws except demand of few lacs. at the time of marriage FIL write in FIR that i am giving X lacs of amount.

Case Status : In Next Hearing framing of Charge in Session Court.

What to do next. Suggest me.



Learning

 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 December 2012

Dear Querist

as per you information, if your lawyer is smart and knowledgable he/she should argu the matter in the light of facts along with the Supreme court and high coiurt judgments.

I am sure you will be win if you are not wrong.

Feel Free to Call 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 December 2012

Dear rajiv

The Dowry death cases based on section 113 B of Indian Evidence Act and the burden of Proof lies upon the Accused that prove it , you are innocent.

Read section 113 B mention below:

 

113B. Presumption as to dowry death.- When the question is whether a person has committed the dowry death of a women and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry; the court shall presume that such person had caused the dowry death.

 

Explanation

 

For the purposes of this section, "dowry death" shall have the same meaning as in section 304B of the Indian Penal Code (45 of 1860).

 

COMMENTS

 

Husband being the direct beneficiary can be inferred to have caused life of wife so miserable that she was compelled to commit suicide; Surinder Singh v. State of Punjab, 1999 (1) Crimes 4296.

 

Relevant portion of section 304B of the Indian Penal Code, (45 of 1860), is reproduced below:

 

304B. Dowry death.—(1) Where the death of a woman is caused by any burn or bodily injury or occurs otherwise than normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with any demand for dowry, such death shall be called “dowry death”.

 

For win the case, the lawyer should be an Advocate who fight the case in Court(Trial) not only famous and getting bail only.

 Feel Free to Call


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