Criminal trial - aruguments
nagarajupatro
(Querist) 22 February 2013
This query is : Resolved
Good evening Experts
Its a case U/s 341, 352, 323, 506(2)
The Pw1 is the injured,pw3 is mediator/vro, pw4 is sister in law of pw1, pw5 is her son,
pw3 & pw5 corroborated pw1 and deposed that the accused caught tuft of hair of the pw1 pulled down her and kicked on her chest, then she lost conscious.
Pw2 brother of Pw1 came to know about the incident through some other while he is returning home from coolie work and Pw3 At the time of occurrence of the offence pw3 is at her house and upon information of some other she came to scene of offence and found Pw1 on road, sprinkled water on her face shifted her to govt. hospital by an auto, after first aid doctor advised to go for better treatment at nearby medical college and returned home.
Pw5 deposed that he was present at the time of quarrel between the sister of the accused & Pw1 and accused intervened and beat her mother caught tuft of hair pulled her down kicked on her caller bone
doctor opined in the wound certificate that the injuries are simple in nature and not visible.
boundaries in the rough sketch and in the chief of Pw3 did not match and he deposed that the scene observation report was drafter by the police prior to his arrival to the scene of offence.
Pw1 & Pw 8 stated that injured Pw1 got xray in a private nursing home and was readmitted in the govt. hospital, other than these two no one deposed about the re admission nor doctor confirmed the same. Pw5 stated that pw1 returned home after treatment at medical college. when the quarrel took place the accused is in his house. scene of offence is 4houses away from the house of accused. but he did called any other local people to stop the quarrel or to safeguard his mother.
pw8 stated in his investigation report that Pw5 shifted Pw1 to the hospital.
in the cross examination pw1, pw2 admitted that the scene of offence is busy locality.
no other independent witness was examined by prosecution. there is exaggeration in the deposition of Pw1 & Pw5 and some contradictions to their depositions and 161statements.
Finally all the prosecution witnesses were suggested that the accused was no way related to this crime, all deposed false hood to support the Pw1 and accused did not beat the pw1. accused just intervened between the quarrel of pw1 & his sister and mediated and the same has been denied by them.
It is hoped that there is a good case for the prosecution and the accused may be convicted.
In these circumstances, please suggest how to save the accused at the stage of arguments, please provide citations in support of the accused.
Its an very urgent matter,
experts please guide me to get acquittal of accused in any way.
Nadeem Qureshi
(Expert) 23 February 2013
Dear Querist
Argument is the last and most important part of the litigation and the arguments are based on the cross examination and allegation of the parties, so it is very difficult to give opinion for argument without knowing full facts of the case.
