NEED YOUR ADVICE IN A MURDER CASE
AMIT TANEJA
(Querist) 21 April 2009
This query is : Resolved
If a person with the intension to thread someone carries a pistal with him to his house. but in a heated conversation fire a bullet on the plaitiff who in order to save himself jumps from the balcony and bullet so fired hit him on his leg . THE ACCUSED ALSO FIRES ON THE DAUGHTER AGED 7 AND 9 AND WIFE TO INSURE NO EVIDENCE IS LEFT .
There after the defandant drages his body and hide in frige because of which the plaintiff dies .
now under wt sec the defandant is liable ?
wt sections can save him ?
wt to know the legal posiion of both parties .
ESTHERPRIYA
(Expert) 21 April 2009
First of all there is no question of plaintiff or defendant. It is accused vs state and the person dead is victim or deceased. The accused who carried a pistol from home shows that he has an intention to murder the deceased. Moreover due to heated conversation, the accused has fired. Hence you can make your argument in support of the accused in such a way that due to sudden provocation, the accused has fired and the death cause of the deceased is due to jumping and hiding himself. The cause is too remote from the act of the accused.
Kindly verify Murder and Attempt to Murder sections in IPC, it gives you a elaborate reading regarding the case.
N.K.Assumi
(Expert) 21 April 2009
The deceased died of jumping from the balcony after he was hit by the accused or did he really died inside the fridge, I mean whether he was stll alive at the time of dragging him to the fridge by the accused?whether the deceased was carrying any weapon at the time of heated conversation between them? Plesae clarified it first.
K.C.Suresh
(Expert) 22 April 2009
In all probability and prudant thinking it is a fit case U/s 302 IPC. Why because
1. There was preparation i.e., carrying a gun (question licenced or unlicenced is there. If unliceneced he has to answer under Arms Act also) This carrying a gun is apre-meditation and so it is considered as preparation.
2. Sudden provocation on heated discussion and firing. firing at the leg or it hit accidently on the leg. Then jumped down. How far the defence of excepmtion will attract depends on evidence.
3. Third part is completely agianst the accused U/s 201 IPC for supression of evidence by hyding the dead body in a fridge.
An intention to kill may errupt any spyr of a moment and that attracted culpuble homicide amounting to murder.
The defence as stated by Padma can be tried.
N.K.Assumi
(Expert) 22 April 2009
Dear Members,
We can not take the plcae of the prosecution.In Woolmington Vs Director of Public Prosetion as reported in [1935] A.C.462: the accused was charged for the murder of his wife.He admitted shooting her, but alleged that the gu had gone off accidentally while he was trying to persuade her to return to live with him by threatening to shoot himself. He was convicted and appeal to the Court of Criminal Appeal.His conviction was affirmed and he appeal to the House of Lords.
The House of Lords " Just as there is evidence on behalf of the Prosecution so there may be evidence on behalf of the prisoners. In either case the prisoners is entitled to benefit of doubt.
Through out the Web of English Criminal Law one Golden thread is always to be seen, that it is the duty of the Prosecution to prove the prisoner's guilt, and the prisoners was acquitted as pure accident.
Take the line that the death was accidental and that to hide the death body it was dragged in the fridge, thingking that he died of falling from the balcony. Take the help of a Doctors and try to show that it was an instaneous death and show that the period of death as the time of falling from the balcony.If you can do that your Client can escape as a pure accident.
MANISH
(Expert) 22 April 2009
Dear friend,
in this case,
carrying of the gun, the intention was just to threaten, and not to murder, so he will be liable u/s 503 IPC for threatening.
In the heated conversation, fires bullet. U/s 308, attempt to commit culpable homicide, the attempt accomplishes, as soon as the bullet is fired towards the deceased.
Now what was the intention of dragging his body in fridge, to hide and show some other cause of death, or to hide it to be known publically, or to fabricate the evidence. In such cases refer to Sections 191 to 209 of IPC.
AMIT TANEJA
(Querist) 23 April 2009
THANKS ALOT .
I HAVE A MOOT COURT AND I WANT TO KNOW HOW TO PRESENT THE CASE
IMEAN
1 FACTS
2 OTHER FAMOUS JUDGEMENTS TO SUPPORT MY CASE
3 UNDER SEC THE ACCUSED SHD BE HELD LIABLE
5 PUNISHMENT PRAYED
THATS ALL OR WHT ELSE
IF ON PROSEUTION CAN I GIVE EXAMPLES OF
1 TANDOOR CASE
2 KHAIRLANJI DALIT MURDER CASE
3MADHUMITA MURDDER CASE
IN ALL THESE CASES ACCUSED WAS GIVIN LIFE IMPRISEMENT
Manish Singh
(Expert) 30 April 2009
Dear Manish,
your contentions are not noteworthy and need consideration.
