section 306 and 498 a ipc? citations needed?


Dear All,

        In the charge sheet Investiagtion Officer had not obtained Section 161(3) statements from the RDO ,Asst.Commissioner and the statements had not been obtained from the Asst.Commissioner and RDO and their statements has not been recorded and not included in the charge sheet?Clarify me wheather it is neccessary to include the statements or not?Is this fatal to the prosecution case or not?

   Further the Dying Declaration reqisition given to the Judicial Magistrate has been given wrongly in someother name instead of the deceased name.Magistrate who recorded the D.D. recorded by writing the wrong name in DD?

All the witnesses were close relatives family members of the deceased and not even a single eye witnesses has been listed in the charge sheet? Any citations regarding this aspect?

Further the all the witnesses depose in evidence that the deceased had committed suicide by pouring kerosene on her own ,and no dowry harassment and cruelty shown on behalf of the husband /Accused? and only allegation is that the Accused had not saved her life at the time of commiting suicide has been recorded in DD and also witnesses depose the same in evidence?

Any citations regarding the above aspects urgently needed?

Sr. ADVOCATE Bombay High Court Mob: 9892432152

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