Amitabha Mukherjee (Excise Executive) 13 September 2013

Section 304b

case year 1996,huband's father reced (in the name of father) cheq reced from law house under presuure to built a room Rs.30000/- , made it refund also by husband. but wife made sucide as she was severe epilepsey paitent since her childhood age and due to frustration of her disease by taking medicine. postmortem and viscera report had / has no abnormality. arest was made husband , husband's sister, and mother-in-law , all they were in JC 30 days . produce all the cheqs as husband refunded to law house before the court. no cruelty was seen on her body in postmortem reort. lower court released mother in law,and husband sister .but husband, court gave life time imprisonment.

1) how it is possible ?

2) whether in high court can get total release, after life time imprisonment ?

3) In high court how many time is required to get bail. ?

4) what precautioner measure to be taken to immediate release from jail.

any quiree is req. pl tell i will share.

Sir hope immediate reply.

thnx

Reply Follow

3 Replies

T. Kalaiselvan, Advocate (Advocate) 13 September 2013

Mr.Mukerjee,

You have to move a bail application along with a petition to suspend sentence and memorandum of appeal before High court. Ordinarily, the bail can be obtained in a matter of 15 days; In the meantime kindly produce all the medical records of your deceased d-in-law pertaining to her previous chronic illness namely epilepsy and also the documents supporting purchase of the property mentioned in your query before the appellate court. Adv Kalaiselvan

Sudhir Kumar, Advocate (Advocate) 15 September 2013

you have not been able to describe facts correctly. If he had a wife how come you are in picture, you have not declared.

Further in such case no sound advise can be given without seeing copy of judgement.

Appeal if any has to be within 3 months of conviction.

Amitabha Mukherjee (Excise Executive) 17 September 2013

my question is w/o having proof or evedence how can trial court isued LIFE TIME IMPRISONMENT vide 304B . How it is applied. As because postmortem report ok, no trace of injuiry found on her body. even in police report also no injuiry found.No witness found , no one give any statement against the husband . Even that the husband was not present at home, in night he found the dead body after comming home.

As per my view in 304B is related with dowry and death. where 498a was not prooved , no cruely or harrassment found how we can say it is 304B. The relation was so good that was IN POLICE REPORT. The husband made joint fixed deposit account in bank also. No proof of dowry demand after marriage was prooved. As a gift some money may be given after marriage it may be by cheque, but on the other hand victim also pay a some portion of money by cheque .

Before of marriage they also gave a some money through cheque in the name of victim's father that I mentioned above, But no FIR was loddged in the name victim's father. Before marriage deceased father gave money 30000/- for the interest of the marriage of her daughter (epilepsey patient from childhood age ) they made hurry as because if late or delay, this type of son in law will be out of hand.

Victim's father told right now we will not perform the marriage because we have to make a room, we want time but they forcely gave 30000/- immediately.in the matter of dowry no one take money through cheque. It reveals that victime has no such issues,

The decession how was given by the lower court ,we are astonished.

Mr. Sudhir, you can't understand me just I depicting the picture.

whether in high court can get total release, even after life time imprisonment ? is this possible? if it is how ?

As soon as I will get the documents in hand I will furnish before you friend to clear the picture.

I don't know the act or law just I want advice.