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Kailash Sahoo   29 November 2021

Dismissal case

sir,
During trial of a Vigilance Case, One main Complainant died who registered case of Bribe with 7 other
supporter in vigilance department.
His statement that one told to pay and anothers(total 7nos.) collect and pay. But others statement shows nothing about bribe.

After the Main Complaints death what will be status of the case of Victim.
Kindly help.


Learning

 10 Replies

Advocate Bhartesh goyal (advocate)     30 November 2021

It's hardly matter that one of the complainants died , due to death of one complainant proceedings of case does not vitiate or invalidate.proceedings of case will be continue and other complainants may prove the charges.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     30 November 2021

The case continues.

Kailash Sahoo   02 December 2021

But the other complainants have not mentioned any bribe in their statement s. kindly comment

P. Venu (Advocate)     03 December 2021

That apsect could be of advantage to the accused. Still then, the trial has to be taken to its logical conclusion. So also, the death of the main complainant gives no cause to seek discharge o move a petition to quash the proceddings.

Sudhir Kumar, Advocate (Advocate)     21 December 2021

there will be other witnessess as well.  Are they alive,

Yogeshwari Sirsikar   21 December 2021

As per your query, let me tell you that, if the bribe was paid by the complainant in presence of some other witnesses. The fact of payment of bribe can be proved by examining the other eye witnesses. If the bribe was paid in cash and same notes were recovered from the accused it can be proved that the bribe was paid.

Hope it helps!

Regards

Yogeshwari Sirsikar 
 

Kawmini Liyanage   21 December 2021

Greetings!

In order to answer your query, it is best to know the stage which the case is at.  Since trail of vigilance cases are considered to be carried out as speed trials and the Complainant was only one of the seven, his demise does not have an affect on the trial. Moreover, the only advantage it poses is that the accused does not have to corroborate the deceased person's statement as he is no longer available to give evidence.

Therefore, the trial will continue without any affect. 

Regards,

Kawmmini Liyanage 

Kailash Sahoo   22 May 2022

please comment

Sudhir Kumar, Advocate (Advocate)     11 May 2023

very sketchy facts are there.

T. Kalaiselvan, Advocate (Advocate)     12 May 2023

What are the background details of the issue that  you are discussing here?


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