About 304b
Querist :
Anonymous
(Querist) 09 September 2011
This query is : Resolved
my wife died with in 6 months for the date of our marriage. my father-in-law logged a complaint against our family that my family along with me has harrased my wife for dowry.police registered case under ipc 304b.but the fact is my wife lost her pregnency before the day she died.she was in depression.when the incedent took place i was attending an interview and my parents went on their work. all the facts r known by my father-in-law as he used to visit our house weekly once. he has come for compromise also.but another son-in-law is against the compromise. the thing is i am also not ready for compromise.as let the facts b reveled by themselves in the court.i and my family members r ready transfering this case to cid.
now,the thing is...
one of the senior advocate says that though there r witnesses in favour of us the session court will b afraid in giving acquital in this case.so he asks us to get compromise.
but,i am not ready for any such compromise.
let my case b an lesson for those who misuses this section ipc 304b.
is it true that session courts fear in giving acquital in this type of cases.
we r ready for any type of investigation.but the thing is the fact should b revealed by the complainants itself.
plz help me in this matter.
Devajyoti Barman
(Expert) 09 September 2011
It is totally absurd to say that the sessions court is afraid to give acquittal. On the contrary due to the principle of 'proof beyond reasonable doubt', the benefit of doubt always goes in favour of the accused person.
Do not forget that the onus of poof heavily lies on the prosecution as a result of which the accused person is always deemed top be an innocent till it is comprehensivley proved that the accused person has committed the offence.
From your version I do not see much chance of your conviction.
So go, fight and come out victorious.
Compromise would not clean the blot on your face which has been put due to this case.
PARTHA P BORBORA
(Expert) 09 September 2011
I think Mr. Devajyoti Barman has given a complete answer. So, don’t be panic.
But I want to add one thing- that in a case under Section 304-B IPC, a plea that you and your parents were not present at the place of occurrence at the time of death of the victim, is not strong defense. If it proved that soon before the death of the victim; you or your parents subjected her physical or mental torture demanding dowry, may sufficient to warrant the conviction.
Raj Kumar Makkad
(Expert) 09 September 2011
I completely differ with the artificial fear of your lawyer. Courts are meant to provide justice on the basis of the evidence brought before it. In the given facts, if all brought on case file, none can order your conviction.
PARTHA P BORBORA
(Expert) 09 September 2011
I think Mr. Devajyoti Barman has given a complete answer. So, don’t be panic.
But I want to add one thing- that in a case under Section 304-B IPC, a plea that you and your parents were not present at the place of occurrence at the time of death of the victim, is not strong defense. If it proved that soon before the death of the victim; you or your parents subjected her physical or mental torture demanding dowry, may sufficient to warrant the conviction.
Guest
(Expert) 09 September 2011
a court does not fear in giving acquittal or conviction. it always depends upon the facts and circumstances of a case and when it came to the file that the wife undergone the abortion, so it becomes very difficult to convict u/s 304B.
prabhakar singh
(Expert) 09 September 2011
I agree with opinions expressed here.
deepak kumar
(Expert) 10 September 2011
since death has occurred under unnatural circumstancs in your house within seven years of your marriage therefore the presumption of law under the evidence act will be against you and the onus will be upon you to rebutt the presumption, which may/may not be easy.
the word " soon before her death" has a wider meaning and does not necessarily mean within a few hours. so take a rational view and act accordingly. A compromise does not mean bowing down it may also mean that your in laws have realized their mistake in lodging the case and now they are rectifying their mistake.
A criminal trial can be very prolonged and will have an effect on your general day to day life apart from the unfortunate loss that you have suffered and in the end it will be uncertain what will be the decision of the court.
it may also be noted that 304(B)is not a compoundable offence but it may help in trial therefore you will have to think rationally and positively. Regards
Guest
(Expert) 10 September 2011
I agree with the views of Shri Devajyoti Barman.
M/s. Y-not legal services
(Expert) 10 September 2011
am also agree with mr.barman.. also you can't go with such a compromise.. since we lost a human.. you have to prove that your innocent or you have to be punished,, and how can you take a lesson by your 304b case.. highly you can get acquittal.. thats all
girish shringi
(Expert) 11 September 2011
I will go with Mr. Deepak kumar.
