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Abdul   10 April 2021

What is judgement for a dead person accused u/s 307 ,arm act

What is possible judgement for an accused u/s 307 , arms act if one main accused died.

Please advise



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 5 Replies

Dr J C Vashista (Advocate)     11 April 2021

Nothing can be presumed / predicted without going through the case file and evidence of prosecution, statement of accused and defence evidence.
1 Like

Pradipta Nath (Advocate)     11 April 2021

Law will take its own course of action. Nothing can be presumed.

1 Like

Abdul   11 April 2021

Dear Sir,

i'm a son of deceased  and want to know assumption of judgement.

Now, i want to know the further process to be followed and who will follow on behalf of deceased.

My father was victimised by a fabricated FIR  by a so called  Bahubali or Don of village due to fair  participation in elections.

The informant has a link with Police and by giving money he makes a F.I.R and make my father prime accused of firing bullet.

But he was not on the spot and  his name was mentioned in prime accused with using from 300 ft firing but injury a

 little and simple in nature.

Someone other fired from his katta and mentioned my father as a firer. The police didn't recovered any thing from the spot not a single evidence of arms but the don was powerful he makes fabricated FIR and trial started.

In police case diary three eye witness said that  he was not present and didn't fired , but informat and one his witness ally said in court he was present and fire.

Since he is a retired govt. teacher and  feel himself victim of fabrication F.I.R he was died due to heart attack.

The informant just make this F.i.R because of  his participation in  mukhiya election ? He is very popular and socialist.

Now the case stage is at  appearance , the remaining 5 accused are still alive and follow the case.

1.so who will follow th case on his behalf ?

2. Could  i go to human rights commission against the informant that falsely make an F.I.R to victimised  my father that cause him death and get money in the name of compromise.But still we didn't compromise and ready to face the hon. judge verdict in district court.

So , please assist me how can i proceed as the son of deceased ?

 

 

Pradipta Nath (Advocate)     11 April 2021

Since you are the son of the deceased prime accused, you are no where responsible or need not to take part in this criminal case. The Judiciary cannot punish any dead man despite being convicted.

Aside, for false FIR due to which you suffered, you can sue the Police for their atrocities provided it is settled as false by the Court. Even after being acquitted of your deceased father, you may file compensation suit for malicious prosecution against the complainant. Or even you can file criminal defamation or civil defamation against the complainant provided it is within time limit and there is or has been a defamation. 

 

1 Like

Abdul   12 April 2021

If he is convicted then what will be the maximum  possible verdict , because he is died and i hope so there is already witness and informant recorded their statement in court.

How to tackle this case in future supposing the court convicted the deceased accused.?

 

Please advise.


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