Case under dowry death
Querist :
Anonymous
(Querist) 13 February 2018
This query is : Open
A case was registered under 304B & 498A in the year 1994 against in-laws at the age of about 50-53 years. They were jailed and released on bail by high court after 6 months, latter after 2 years husband(25 years) was also added in the case diary. Against harassment and cruelty prosecution only has part of hand written diary, few pages indicating some of the events and conversation had with her in-laws which are of routine in nature. On the other hand there are letters written by the diseased to her husband praising him and her in-laws. Now with current situation when mother in law is no more, father in-law is at 78 years, witness getting older, proceeding still to begin, how to keep accused ready for court proceedings in future to counter the false allegations.
Thanks and regards
Sudhir Kumar, Advocate
(Expert) 14 February 2018
Proceedings under 304B are different from other section.
Here the presumption of guilt operates unless accused proves charges as false.
You have not stated which witnesses are getting old, prosecution or defence.
Vijay Raj Mahajan
(Expert) 14 February 2018
In the present circumstance when actual trail proceedings has not begin even after 24 years of FIR registered in 1994, one of the accused 78 years old man, the best course is to get the FIR quashed in the High Court by bring on the record all those documents which show the innocence of the husband and in-laws along with quashing petition. The presumption that the accused were involved in the death of the victim within 7 years of the marriage, therefore charges u/s 304B IPC made, can be proved wrong and in favour of the accused if the documents exists that show the normal and cordial relationship in the family between the victim and the accused. The High Court will definately not ignore those documents while deciding the quashing petition. Moreover this being a matrimonial dispute where death of wife incurred, complete blame cannot always be levied against the husband and his parents, the acts of wife during her stay in the matrimonial home with accused cannot be ignored and that can be shown through documentary recordings which accused persons have in their possession.
Guest
(Expert) 14 February 2018
Unbelievable story that the proceeding has not yet started even after 24 years of the year of start of the case!
Further, what your lawyer had been doing in the case for the last 24 years and why advice not taken how to keep accused ready for the court proceedings?
Lawyer of the accused has to brief the accused how to get ready for the court proceedings.
Guest
(Expert) 14 February 2018
What a pathetic state of the case, if no proceedings for the last 24 years since 1994!
However, your concern with the case is not clear from your description?
Kuummaar AS
(Expert) 14 February 2018
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