Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ajaypal yadav (Sales Manager)     18 July 2012

Suggestion for proceeding in dowry death case of my sister

Respected Sir/Madam,

I would like to start from beginning, my sister was murdered by her in laws on 23rd March'12. We lodged FIR on 23rd March'12 under section 304 498a. On 26th March'12 her husband surrendered to Police and other family members were absconding. on 23rd June'12 Challan came from police that her husband is responsible under section 304 498a and 406 and investigation was kept pending under 173 crpc for others. When we went to Investigating Officer he told that he has submitted final report for the case to SP wherein he found that no other person other than her husband is responsible for the death as on 4th July'12 but in court the final report is not submitted till date the next hearing is on 30th July.

I would like to mention that my sister used to write Diary which is with the police and police says that in diary your sister has not mentioned the names of other accused except her husband hence others are not responsible for the death

Please guide me what we should do now? and how we should proceed to enter the names of other accused in the case...Please help me out!!!



Learning

 14 Replies


(Guest)
I think no one kills his wife for dowry, many people blames as dowry death

b man (Namaste)     19 July 2012

 

Dear Ajaypal Yadav,

Please accept my heartfelt condolence on your sister’s untimely death.

I wish & pray that you get JUSTICE & all responsible will be held ACCOUNTABLE for their actions.

I’m not a lawyer, so can’t your queries. Please be rest assured that you are on the right forum, you queries will get answered by HIGHLY SKILLED & VERY COMPETENT LAWYERS on this forum.

WISHING YOU & UR FAMILY THE VERY BEST.

Warm Regards,

b man (Namaste)     19 July 2012

 

Dear Mr. Jaswant Vijay Agnihotri,

 

I’m very saddened by your very insensitive comment.

Brides get killed every day for Dowry in India. Brides are killed so that the groom can marry again, just to get more dowry.

 

"There is enough in the world for everyone's need, but not enough for everyone's greed"

 

Warm Regards,

A1981 (abc)     19 July 2012

Originally posted by : b man

 

Dear Mr. Jaswant Vijay Agnihotri,

 

I’m very saddened by your very insensitive comment.

Brides get killed every day for Dowry in India. Brides are killed so that the groom can marry again, just to get more dowry.

 
 

Rather, I find your comment over senstive...!

It is not clear from the post that whether It was murder or suicide.... not even all the fact are here to be judgemental...

He says she was writing dairy ... and she hasn't blaimed any one else why her brother wanted to hang whole family ..

That is what people are talking "abuse of law" 

You been over senstive and instigating him for taking a step against whole family .... 

@auther - I am not intended to hurt you... but just want to ask you what police has done wrong in your case... If IO does not find any material to show involvement of family why should he send every one to JAIL..

Remember implicating falsely and knowingly anybody in the criminal case intentionally to cause him/her injury amounts to criminal concipiracy.

b man (Namaste)     19 July 2012

 

Dear A1981,

I have not passed any judgment that it was murder. I said all responsible should be held accountable. It could be that only the husband is involved in the act or that the whole family was responsible or it could also be suicide, this for the court to decide.

I’m didn’t mention anywhere that the whole family should held responsible. I have not mentioned any where in my reply that the querist should take any steps against the family. So how can you accuse me of instigating the querist to take steps against the whole family.

I did mention very clearly that in my view the comments of Mr. Jaswant were insensitive. I felt that he could have been a bit more sympathetic while making his point. I also disagree with Mr. Jaswant’s comment that no one kills his wife for dowry. Bride killed for dowry every day in India, that’s a fact.

Warm Regards,

P.S: Request to all the Lawyers to please answer the Mr. Ajaypal Yadav’s queries.

 


(Guest)

No doubt girls suffer more than a boy since childhood.

No doubt people ask dowry that's why dowry cases 498a is still alive.

But  why the parents of girl send their girl back to dowry seekers. And why they blame whole boy family.The responsibility of girl come on husband not on his mother,sisters,father etc.

As my observation in long run girl is always a looser whether she do suicide,mudered,divorced what she or her parents will get money but she will loose her youth and feterilty days.

But for boys it is always a gain they can marry at the age of 60. If in India killer of hundered like kasaab can remain alive or Rajiv Gandhi muderers can be free why cann't that husband who is accused only of doubt.

I am surprise if a wife in her house and started writing her daily diary and do something to take her revenge in frustration with husband family what will happen.

Now my question is what happens to the parents or brother of the girl when she do suicide at her home there is a chance that girl family is teasing her but they will not say this they will blame husband family.

1 Like

ajaypal yadav (Sales Manager)     19 July 2012

Dear Friends,

I have read my sister diary and found that indirectly she has mentioned the name of whole family threatning her now and then...so please stop discussing and it would be great help if you can help me for the suggestion for the proceddings.


(Guest)

Better you hire some criminal lawyer.

make husband,his mother, his all sisters as prime accuse.

Add husband BILs,all his father side and mother side relatives but leave the childeren. See they will dance.

1 Like

shamina sayed (Advocate)     19 July 2012

PLEASE move an application before the court about the latest develoment in your case i.e.about the diary information.even otherwise police cannot make such statement that after inquiry they found that other members were not involved.how can police make such statement?this is so surprising.if this all things were to be decided by police then what is the role of judiciary.The fact whether the other members were involved or not ,this had to be decided by court  during the trial with leading evidence.Just tell to police that they has make other members also as accused.otherwise just tell them that if they dont listen to you , then you will approach to High  Court for WRIT PETITION.

1 Like

ajaypal yadav (Sales Manager)     20 July 2012

Dear Madam,

 

Thank you very much for your suggestion. Today our lawyer has approached High Court for writ petition. Moreover Mam...It came to my information that police is corrupted for escaping the other accused in the case...Can you please tell me What this writ petition at High Court will do???

ajaypal yadav (Sales Manager)     20 July 2012

Dear Mam,

Thanks for the reply...wanted to know one thing that in challan it is shown that other accused are absconding and investigation is kept pending against them....but when we went to investigating officer, he told that according to him no other person except her husband is responsible and he has made the final report and send to SP. but that final report has not reached court till now...will they submit that final report???

shamina sayed (Advocate)     20 July 2012

Nice to hear from you.your advocate will do the needful to you.High Court will give directions to police to do proper investigation and arrest the accused.

ajaypal yadav (Sales Manager)     20 July 2012

Dear Mam,

 

Can you tell me why the police has not submitted the Final Report in the court though Investigating Officer has sent it to the SP from his side....For what they are Waiting????

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     21 July 2012

Ajaypal,

This reply in response to your PM/ Comments sent to me.

Please accept my heartfelt condolence on your sister’s untimely death.

You ask a Query in "EXPERT" WHERE lEGAL EXPERTS WIL GUIDE YOU (Forum for common member's opinion)

THIS MATTER IS VERY SERIOUS. MURDER OR SUICIDE AT HUSBAND'S HOME IS LIABLE TO BE INVESTIGATED 

EITHER 302 OR 306 SHOULD HAVE BEEN CHRGED WITH 498A

 

You also approacg Women's Forum/ Organisation, Press, Home Minister. and bring pressure on nPolice to have fast and correct investigation . 

Such offence is very serios and cannot be tolerated. 

Much depend on Contents of Complaint and FIR, REPORT OF Dr. POST MORTEM it, ETC 

 

You did not furnish any details of wedding date, children, who were residing togather and where, any complain lodged previously or in your community panch  etc, 

Now that you moved HC, with WP , YOU ARE ON RIGHT TRACK, and your Adv. will guide you.

 


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