Dowry death
Govind
(Querist) 15 April 2015
This query is : Resolved
Hi sir, I am from Kanpur. actually my brothers wife died on 25 september 2014. actually no one was at home when this happened. when my mother came home from market she saw her hanging from fan and shouted for help and called my brother too. They took her to hospital where she was declared dead. as seen by my mother and other it seemed like it was suicide but postmortem report said it was murder so my bhabhi father filed a case of dowry death against my mother, brother and father. my brother and mother is in jail. The opposite party took 10lakhs RS to settle the case but now after taking money they did not withdrew the case. Now I want to know how it could be murder when no one was at home and if it is a murder then how to prove that we are innocent and let this case convert from dowry death to murder case so that real criminal can be arrested?? The problem is that postmortem says it as murder but we did not committed it....really need help we are completely destroyed
Sudhir Kumar, Advocate 
(Expert) 15 April 2015
if it is registered as a murder case they have no power to withdraw.
Govind
(Querist) 15 April 2015
No sir it is registered as dowry death case and postmortem report says it is not a case of suicide it is murder but none of my family members have done such a heinous crime. But still dowry death case has been registered against my family members. We tried all means to explain to girls father but he did not listened to us. According to postmortem if it is murder then there is a hand of third party who did this and we are being falsely blamed. Now i want your help that how to prove ourself innocent. Is there any means by which we can convert this dowry death into murder case so that a person who committed this should be caught and my family members who are innocent gets relief from it. Please help us ...
M.Sheik Mohammed Ali
(Expert) 15 April 2015
when did marriage was solemnized ?
how the court take murder ?
what is the report of medical ?
Advocate Kappil Cchandna
(Expert) 15 April 2015
Sir,
Was the money paid through cheque or cash, was any settlement deed entered while paying the money?
Warm Regards
Kapil Chandna Adv 9899011450
ajay sethi
(Expert) 16 April 2015
the case cannot be with drawn by opposite party if it is regd as murder case
Rajendra K Goyal
(Expert) 16 April 2015
If case registered as murder case, opposite party can not withdraw the case.
SAINATH DEVALLA
(Expert) 16 April 2015
How could U people pay them 10 lakhs blindly,without concrete settlement of the case. But once it is registered as a murder case and the postmortem report supporting it how can they withdraw the case without proper inquest being done.
SAINATH DEVALLA
(Expert) 16 April 2015
Whether all of U are involved or implicated U have to prove innocent to the charges with material facts. As the postmortem report confirms a case of murder, and that too in the house of in laws, it adds weight to the allegations.
UR contention, how it could be a murder when no one was in the house,is not an alibi nor a valid evidence of innocence. It is for the police to investigate whether third party is involved or somebody within the house has committed the act.
The court will act as per the investigation report and evidences.
Govind
(Querist) 20 April 2015
Sorry for replying late. But police did not investigated anything and they blindly put dowry death charges on my family. We want that proper investigation be carried out so that one who did this should be caught. Is there any way we could demand for a fresh investigation again???. My Bhabhi used to suffer from a pain in her stomach and her proper treatment was going on. Y will we treat her when we wanted to kill her??? We have all such documents to proof and the doctor who was treating her can also give statement for the same. Can we get benefit on this. Can my mother get bail on ground of medical. She was about to go through chemotherapy...
Sudhir Kumar, Advocate
(Expert) 21 April 2015
In case of dowry death the Police only has to prove that :-
(I) There was marriage between accused and deceased.
(II) Marriage was no 7 year old.
(III) death took place in 7 years.
(IV) death was unnatural.
The evidence of these facts can be gathered in one or two days. This way 304 B operates against the accused and the death is presumed in the eye of law as dowry death.
Now it is for you to prove that death did not result from dowry demand.
T. Kalaiselvan, Advocate
(Expert) 24 April 2015
You engage a prudent and skilful lawyer and challenge the case based on the merits on your side, no opinion can be rendered on such issues which are to be decided only on trial.
Govind
(Querist) 24 April 2015
Sir is there any good lawyer in Kanpur. We feel the lawyer we hired is not good because he has no idea, neither he tells anything to us that what should we do. It look like everyone trying to make money from this case but not in a mood to help us. Every lawyer we talk to says that its very tough nearly impossible to win this case. Anticipatory bail was rejected, now regular bail is applied for my mother and its hearing is on Monday. Can we get bail for my mother. What should we do so that my mother gets bail...??? And also if u can tell me of good lawyer in Kanpur?
Sudhir Kumar, Advocate
(Expert) 24 April 2015
Every lawyer we talk to says that its very tough nearly impossible to win this case"
T5HIS INDICATES THAT YOU ARE YET TO MEET AN UNSCRUPULOUS LAWYER WHO WILL SAY THAT IT IS LEFT HAND JOB.
INDEED YOUR DEFENCE IS TOUGH AND NEAR IMPOSSIBLE.
For good lawyer in Kanpur search data base of members of this forum.
Govind
(Querist) 24 April 2015
What if all the witnesses' turns hostile or not all but some then is there any chance that we can get relief in this case?
Guest
(Expert) 24 April 2015
Any reason behind your presumption, "What if all the witnesses' turns hostile or not all but some then is there any chance that we can get relief in this case, which is not normally possible."
However, what is the opinion of your own lawyer to your latest query?
SAINATH DEVALLA
(Expert) 25 April 2015
Why do U presume the witnesses will turn hostile. Have confidence in UR lawyer.
Govind
(Querist) 25 April 2015
We were confident but still unable to understand the case yet...my mother saw my Bhabhi hanging from ceiling fan with red saree while postmortem report says its murder..in report says lots of broken bangles and hairs were found on the floor and my Bhabhi was hitten on head with some tough hard thing. So much evidence against us while we did nothing. We feel that either postmortem report is fake because we did nothing as report says and if true then for sure third party is involved. My father requested court to have police enquiry again but the plea was rejected. Now even the lawyer is unable to understand what should he do..he says these dowry death cases are one sided only. I am just looking for a way by which we can prove ourselves innocent. My father was on duty at that time so he gets relief from murder but still dowry case applied
Sudhir Kumar, Advocate
(Expert) 25 April 2015
you are not understanding. even if it si suicide yet the police only has to prove that
(I) There was marriage between accused and deceased.
(II) Marriage was not 7 year old.
(III) death took place in 7 years.
(IV) death was unnatural.
You have to prove that it is not dowry death or else go for 7 years.
If it is murder then the police has to prove beyond doubt that
(i) why killed accused.
(ii) when killed
(iii) where killed
(iv) how killed.
(v) before whom.
(vi) whether planned or not.
(v) who helped.
(vi) who conspired.
(vii) how weapon was recovered.
if police is not able to prove murder theory then you are free (of course after agony of trail and police having right to appeal)
SAINATH DEVALLA
(Expert) 25 April 2015
Lot of broken bangles and hair found on the floor, why would these evidences be there if she were to just commit suicide. Thought worthy query.
Govind
(Querist) 25 April 2015
Yes I completely understand that police just need to prove 4 points and my family will be in jail. Now what should we do so that police go beyond doubt to prove all the above points?? And how we prove that its not dowry death?? I need suggestions sir...
SAINATH DEVALLA
(Expert) 25 April 2015
Anyone before committing suicide would break bangles or pluck her hair. I feel there is something more evident is missing on UR part in the query. one point U have mentioned, what are the other three.
T. Kalaiselvan, Advocate
(Expert) 25 April 2015
Instead of discussing the points that are to be taken up during trial better concentrate on the present issue in hand, i.e., bail for your mother and others. First arrange to get them enlarged on bail by all possible means and then think about what is to be done next. It will take atleast another 6 months for the trial to begin, you come back to this portal seeking suggestions and opinions to move forward with the case. If you find this lawyer is no capable or just greed for money, abruptly change him for a god lawyer whom only you have to search.
Guest
(Expert) 25 April 2015
Thread has been stretched too long, but without discussing what is the present status of the case and the outcome of your discussion with your own lawyer?
If the postmortem says it as murder, whether you have committed or not, you have the need to substantially scuttle down that theory of the postmortem.
Now, it will be better, if you discuss further with your own lawyer, or consult in person with some expert showing all the case related documents when you get any doubt in the advice of your own lawyer.
Govind
(Querist) 25 April 2015
We have applied for the bail nd its hearing is on Monday. Well thank you all for ur valuable suggestions.
Guest
(Expert) 25 April 2015
You are welcome any time with full facts of the case.
Govind
(Querist) 26 April 2015
Yes these are the logical things due to which I am saying its murder and when no one at home at that time then how it could be murder and postmortem report saying its murder. I am so much confused on all this and I am just looking for a way by which we can prove that there is third party involved in it if post-mortem report is true and not just fake.
SAINATH DEVALLA
(Expert) 26 April 2015
A suicide or a murder mystery is always difficult to solve. So dear querist when U R representing a sensitive case, U have to be sincere enough to divulge all the facts, or else U cannot get the required assistance from the forum.Now better concentrate on UR local lawyer and try to come out a winner,if really UR family is not involved in the mysterious death of UR wife.
SAINATH DEVALLA
(Expert) 26 April 2015
Now at this stage U R trying to involve a third party in the episode, which will only divert the issue.
Govind
(Querist) 26 April 2015
Here are the evidence's which prove its murder-
1) Lots of broken bangles.
2) Lots of hairs.
3) A broken slipper which says that she ran for saving her life and and it got broken.
4) She was hitten with something hard on her head.
5) Post-mortem report saying its murder.
6) In report written we were asking for dowry(which never happened).
all these things or we say evidences just add upto prove that we did this( which we not) and making it a dowry death case( a one sided case ).
SAINATH DEVALLA
(Expert) 26 April 2015
If U believe in god, leave the rest to him. Now it is left to the investigating team to conclude. Nothing more to add.
