section 302 of ipc, section 309 of ipc
Querist :
Anonymous
(Querist) 15 February 2010
This query is : Resolved
I am a law student preparing for a moot court. the facts of case in brief is as follows:
Asha, a woman was arrested and charged under section 302 and 309 of ipc. she was married to Arvind and they had a girl child who had certain abnormality. this led to discord in their so far a happy marital life.she was mentally disturbed due to the frequent quarrels. following a heated argument with her husband she ran towards a well. she was followed by her child whom she pushed away before her jumping into the well. her husband rushed to rescue the wife and the child. but the child died of brain haemorrhage caused due to the impact of the fall.the mother survived.
i am supposed to defend Asha. the accused. what defence may i take? and r there any similar settled cases in this regard. PLS HELP!!!
M/s. Y-not legal services
(Expert) 19 May 2011
No. You can't arraigned asha as an accused.. If you prosecute against her also you will loose your case..
