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Help regarding the bail of 306 ipc

(Querist) 17 May 2013 This query is : Resolved 
Dear sir/madam
here i m writing the case history of my brother. a daughter of my house owner was cummit sucide in her own home on the next day of my brother's marriage. father of deceased lodge a FIR under section 306 that "Ram ne meri beti ko apne premjaal me fansaaya aur fir apni shaadi kanhi aur kar li. ram ke dhoke se dukhi hokar meri beti ne faansi lagakar sucide kar li so ram ko kadi se kadi saja dijiye". Deseased left a sucide note against my brother. she wrote in the note that "meri maut ka jimmedar ram hai isne mujhe badnam kiya aur mere saath jhoothi shadi ki aur phir dusri shaadi kar li isliye main sucide kar rahi hun, mere marne k baad ram ko kadi se kadi saja dilwana". she also left a note for her mother. written in that " mummy maine aap ki baat nahi maani aur ab main ram ki shaadi kanhi aur hote nahi dekh sakti aur na hi ram k bina rah sakti hun isliye main sucide kar rahi hu".

Facts of this cases are:
1- there was no relation of my brother with diceased.
2- there is no any evidences of marriage of diseased with my brother.
3- there is no call records or letters cecovered.
4- a civil suite of shop is pending in the session court against the father of diseased vs my father since 1996.
5- there was no any person/police those who see the diseased on hang on the place of event.
6- sucide note were recovered next day of the event.
7-Applicant of FIR is not the father of disesed but has living relationship with the mother of diseased.

the bail has wrongly rejected from lower court n we applied in highcourt allahabad but yet now not filed.
our lawyers in highcourt are telling that 306 ipc is not made out. please help me n suggest me what we should do?
Reply.
please send me some related cases if possible.
R.K Nanda (Expert) 17 May 2013
search indiankanoon.com.
ajay sethi (Expert) 17 May 2013
in this case girl has left a sucide not implicating your brother further the staements have been made by father implicating your brother . it appears from contents of suicide note that your brother was the reason she committed sucide .
to quote
" meri maut ka jimmedar ram hai isne mujhe badnam kiya aur mere saath jhoothi shadi ki aur phir dusri shaadi kar li isliye main sucide kar rahi hun, mere marne k baad ram ko kadi se kadi saja dilwana"


case is made out against your brother
ajay sethi (Expert) 17 May 2013
Supreme Court held that in order to convict a person under the section, there has to be a clear 'mens rea' (intention) to commit the offence.

"It also requires an active or direct act which led the deceased to commit suicide seeing no option, and this act must have been intended to push the deceased into such a position that he committed suicide

The Supreme Court, in several rulings on abetment of suicide cases, has held that there must be a clear case of instigation by direct or indirect acts. The deceased may have blamed someone but that doesn't constitute abetment. Here, his intention is the key,"

The test is to see whether the instigation, if any, is such that it can drive a prudent person to commit suicide, or if the note is left by an emotionally troubled mind."
Pankaj (Querist) 18 May 2013
Sethi Sir how 306 is made out against my brother?
there is no evidence of marriage of disesed with my brother.
is the sucide note is sufficient to prove the offence against my brother.
there is no evidence of the relation of my brother with diseased.

sir please consider if i am doing my marriage and X unable to tolerate my marriage and cummit sucide with the same sucide note. how i can culprit?
ajay sethi (Expert) 18 May 2013
no mere sucide note alone is not sufficent . your marriage to another girl was the instigating factor for sucide . were going around with said girl ? in her suicide note it mentions you have ruined her reputation married her and then married another girl . further her father has also blamed you in his complaint . all these factros were taken into account by trial court in denying bail
Pankaj (Querist) 18 May 2013
Sethi sir
But my brother did not marriage with deseased so there is no evidence, how any person to force to marry me otherwise i will cummit sucide. this is the fact, thats why i telling this is not offence against my brother.
sir please can we talk to you.
ajay sethi (Expert) 18 May 2013
you have engaged a lawyer and in process of filing an appeal in high court .your lawyer will do the needful and fight your case to logical conclusion
prabhakar singh (Expert) 18 May 2013
More to add.
Advocate Ravinder (Expert) 19 May 2013
Since he is your brother, you are defending him. But go into the true facts. The person who is going to die speaks truth only and the court also gives more importance to suicide notes and dying declarations. By the above facts, it is clear that there might be some love affair with the deceased. Otherwise, nobody takes such drastic step of committing suicide.

You are saying that there are no evidences. The police will find out the evidences in the investigation.

My suggestion is that since your case is weak, you make compromise with the father of the deceased by apoligising or even for paying compensation.
prabhakar singh (Expert) 19 May 2013
on March 22, 2013 the Supreme Court declined to entertain the bail plea of former Haryana Minister Gopal Goyal Kanda arrested for his alleged role in air hostess Geetika Sharma suicide case and asked him to approach the sessions court.

A 23-year-old Geetika was found dead on August 5, 2012, at her Ashok Vihar residence in North West Delhi. In her August 4, 2012 suicide note, Geetika had said she was ending her life due to “harassment” by Mr. Kanda and his aide Aruna Chaddah, co-accused in the case. They, however, had denied the charge.
ajay sethi (Expert) 19 May 2013
we have advised you in detail . go through various judgements on the issue the principles laid down in said judgement
Raj Kumar Makkad (Expert) 19 May 2013
I do agree with the advice of ajay.
Pankaj (Querist) 03 June 2013
Ravindra sir police filed the charge sheet on the basis of some gawaah n bayaan and there is no evidences like marriage certificate, love letter, phone calls etc. to prove that ram married with deseased.
Sir plz tell me what is the procedure for compromise with the father of the deceased while police submitted the sucide note in the court.
Sir can u suggest me that highcourt can leave my brother on bail?
Advocate Ravinder (Expert) 03 June 2013
The above experts have explained you the legal position in detail. No more to add. If the complainant did not come for compromise, the only way left for you to engage an experienced lawyer, there are chances of coming out of the case. Pray god to help you. Nothing more you can do. If you need any clarification in this regard contact me on ravinder2345@gmail.com.
R.K Nanda (Expert) 28 July 2013
nothing to add.


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