304b

munna (Querist) 23 August 2012 This query is : Resolved
some senoir advocates ask that though the evidences are in full favour of accused....the sessions court will announce punishment to the accused...is that true?

on what ground will the court take the evidence's into consideration?

if the prosecution side cannot prove that the accused hve physically and mentally tourchered for dowry...what will be the ituation of the case.

actually i am accused in 304b.but the reason for my wife death is other.i can prove that.
it is due to the loss of her pregnency.the day before she died by hanging herself..she lost her pregnency.she was depressed.i hve all the proof's regarding the pregnency.
now the compainents r coming for compromise....and asking for 6 lakhs....

what should i do...should i fight 304b...
i am afraid about the doubt i raised in the first para herethat sessions court will announce punishment though the witnesses r in favour of us(accused).

plz give me a breif solution...

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Adv.R.P.Chugh (Expert) 23 August 2012
1. It is preposterous to suggest any court would convict even when the evidence points otherwise.

2. For making out a case for 304B, the prosecution has to prove :
a) Death happenned not naturally but unnaturally;
b) within 7 years of marriage;
c) Soon before her death she was treated with cruelty for or in connection for dowry.

The last part won't be satisfied if you can prove that the causative factor behind her suicide is depression due to failed pregnancies. The prosecution has to be establish a proximate and live link between cruelty for dowry and death. Even if they prove cruelty for dowry but same is not proximate with her death, insofar the effect of cruelty was not grave upon her mind at the time of her death, Conviction won't be secured.

In this regard you are advised to read closely :

Kaliyaperumal v. State of TN (2003) SC
Kans Raj V. State (2000) SC

and YES consult a good lawyer, not senior ASTROLOGERS as you have been doing.