498 a witness

sadiq (Querist) 13 December 2011 This query is : Resolved
sir

we are also suffering with a false 498 a case since last 7 years when now hearing started thecomplainants all two witness refused that they are not the witness (one in court) and one didnt appaeared in the court ..
now the complainant died on 1st Nov 2011 , and his son is planning to fight the case ..our next date is 22nd december 2011 and now the court has issued summon or notice i dont know the technical language to the police inspector who has ragistered this case to present and record his statement in front of the court ..as both two witness denied ..

what should be our next step in this case

please suggest

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ajay sethi (Expert) 13 December 2011
let the statement of inspector be recorded .he has to depose as to the facts of the case , the inquiry conducted by him inot the allegations of dowry .

V R SHROFF (Expert) 13 December 2011
IO will produce the record and depose in Court, and your Advocate has right to cross examine the Police Inspector.
You also get a copy of death certificate of Complainant and inform this fact to Court.
OR
You can ask Court to summon the Complainant and apply u/s 256 of cr p c to acquit you.Her son may not have any personal knowledge, and he is not the complainant. So in that case, the case is over!

Adv Shroff
13-12-2011

Raj Kumar Makkad (Expert) 13 December 2011
As this is State case and not a complaint case so the opinion of shroff cannot be got applicable in the given case.

As the complainant personally cannot come and depose so its benefit shall go in your favour but court is not solely dependant upon the evidence of deceased. if the charges stand proved on the bases of the evidence of some other reliable witnesses then the position shall be otherwise so it is better to wait and watch and follow the advice of your lawyer.

prabhakar singh (Expert) 14 December 2011
I too agree with the detailed advice of the experts.

Shonee Kapoor (Expert) 14 December 2011
Nothing more to add.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

ashutosh mishra (Expert) 14 December 2011
sufficiently guided you are sadiq

A. A. JOSE (Expert) 14 December 2011
I agree with Mr.Raj Makkad

sadiq (Querist) 14 December 2011
sir

in the FIR they have written that my entire family tried to burn his daughter with karosine oil and she went along with fire in the village , but in the trail till date the complainants (who died earlier) and his daughter didnt given any statement as per FIR , they are just telling that she is been harrest in mumbai for dowry and that is too by my sisiter ..and my mother used to switch off the lights while she used to clean Rice etc..so they have not recorded any sentence as per FIR and they have not submitted any medical report and both the witnesses who refused now are living out of the villege boundary there are at least 50 residences from our place to her place and not one been called as a witness from his side ..bcz the case is fake with political presurre and money any how he was bale to register FIR and Now you know with my recent query what is the status ..

Guest (Expert) 14 December 2011
I agree with Shri Makkad.

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