Accused under section 307 i.p.c. acquitted
M Satyanarayana
(Querist) 05 March 2014
This query is : Resolved
Sir,
I am victim of attempt to murder. The accused in my case got acquitted. I think the Trial was managed by the accused by bribing. When the blood seized clothes were shown to me they were different. When the incident occurred my son PW2 could not succeeding in catching A1 remained absconding and thrown the knife in river but caught A2 on the spot of crime and handed over to one constable whose name does not know. In FIR we have mentioned others and told by victim to I.O. their names to be included in FIR but I.O. have not taken on record nor statements taken about the other people mentioned in the FIR. Now Defence counsel is taking advantage of the situation that the the crime have committed by other people.
Can we draw adverse reference to the accused for absconding and throwing knife. If the accused has not committed crime why he is absconding along with knife.
Please advise is there any possibility of Appeal in High Court setting aside the acquittal order in the trial court. Please kindly advise.
Thanking you,
MSN
Biswanath Roy
(Expert) 06 March 2014
In the offense of sec 307 IPC THE PROSECUTION HAS TO PROVE 1. The accused did the act, and 2. that the act was done with such intention or knowledge and under such circumstances that if he by that act caused death he would be guilty of murder. If hurt is caused by such act, the offender becomes liable to imprisonment for life, otherwise the maximum term of imprisonment prescribed is 10 years. Mere fact that the accused caused injuries by knife will not ipso facto, bring a case u/s. 307 IPC. Intention or knowledge to cause death must be established. In your case I AM SORRY TO SAY YOUR CASE WAS NOT PROPERLY DEALT WITH AS PER LEGAL REQUIREMENTS. However, you may file an Appeal against the order by engaging a Senior Advocate who has proven success in records.
T. Kalaiselvan, Advocate
(Expert) 06 March 2014
Yes you can prefer an appeal before the high court if you are confident enough that justice was not done.
M Satyanarayana
(Querist) 07 March 2014
I sincerely thank all advocates and experts for good and meaningful advise.
MSN
V R SHROFF
(Expert) 07 March 2014
In such cases, Complainant is a State, and not the victim. The investigating agency is Police, who try to investigate, who will pay me more?? victim or criminal!!
As You stated, evidence materials, proof are changed.
Bless God, IO did not make your son accused!!!!
Otherwise IO makes maximum money, and send major part to politicians and ministers. That is his main job...
Victim cannot engage his Advocate, cannot take part in investigating or arresting accused, cannot insist on JUSTICE.
JUSTICE IS OPENLY SOLD OUT, BY POLICE & ADM OF JUSTICE..
WHY VICTIM HAVE NO VOICE, AND HE MUST KEEP QUITE AND OBSERVE THE DRAMA OF PANCHNAMA, COURT PROCEEDINGS AND AQUITTAL OF CRIMINALS!!AND SUFFER!!
Invariably, Panchnama Witness says on oath"Police taken my signature, and I do not know anything about incident, I was never present at the spot. I DON'T KNOW ANYTHING!!
THEN WHY THE HELL , SUCH pOLICE SHOULD NOT BE PUNISHED??
Why clothes of Evidence not photographed, or Panchnama not taken with video??
It will save 100 times the cost of court proceedings, and ensure justice.
I am tired hearing the criminal trials of fake drama of Panch nama, and false Witnesses, Telling Lies on Oath!!! POLICE LAUGH, HE SUCCESSFULLY MADE MONEY, and helped accused.
I know IO filing 307 case against the Victim of 307, as real criminal is Land Mafia, and poor land owner tried to save his Land. When Police are themself criminals, who will save Public, who will get justice??
Lawyers are too busy counting notes paid by criminals. Honest poor victim cannot pay.
One IO was suspended when found, he saves a Husband, who killed his wife in presence of her small son!!
Who will hang them???
Only then the Society wll improve, otherwise all will become criminal here!!
I am surprised, why Judges do not order Police to take Panchnama, Statements of Witness, their signature with spot, in Live Video, to save valuable time pof Court, and stopping Witnesses to tell open lies, fooling the Court and Administration of justice??
Neither Judges, nor Police loves to deliver justice by heart.
ALL WANTS TO MAKE MONEY BY HELPING CRIMINALS.
THIS B B GOVERNMENT AND IT'S SHAMELESS, CORRUPTED, DIRTY, ADMINISTRATION.
SO YOU ARE VICTIM OF MURDER, AND HELPLESS!!!!!!!!!!!!!!!!!!!!!!!!!!
NO STRONG ACTION TO DELIVER JUSTICE!!
NO FEAR TO CRIMINALS:
ONLY HONEST PERSON IS UNDER FEAR...
I m Sr Citizen,ADVOCATE and at 66, can't bear such Dirty criminal act of police, Advocates, and all concerns who are spoiling the entire Society day by day.. I TOO M HELPLESS...DUE TO THIS CORRUPT PRACTICE
GOD bLESS YOU, THAT YOU ARE ALIVE.. IT IS NOT 302!!!
M Satyanarayana
(Querist) 19 March 2014
Sir,
Your reply has raised hope in me that there are still good and honest people surviving on this earth who can see the difference between justice and injustice done to the litigants in INDIAN Courts.
Sir, if there is any such platform to raise the grievances of court failure to dipense justice. I think in future we should organise the litigants who are the victim of court proceedings and state must be made liable for failure in justice.
Thank you once again Sir, Keep it up.
Yours truly,
MSN
