Under 304b and 498a
sulthinbhai
(Querist) 15 June 2015
This query is : Resolved
Hi im sulthin,
My brother was working in saudi. Last year February he came for his friends marriage to our home. During that time we wer looking for alliances, next day in a short 4 hours gap, before leaving back to saudi. We got an alliance match and went to see a girl. They liked my brother so much and rushed back behind us. where my brother also liked the girl. So they decided and exchanged the plates. basically in our caste girls family does the marriage. But here they pressured us to do the same. Started we hesitated but since my parents didnt have girl child my dad accepted the deal. Later we did his marriage in Oct(during my brothers yearly leave). Post marriage my brother stayed in my house for a month. Since the Oman visa rules very strict, he didnt take her to my brothers country and left her in my home. Both wer happy only and she was also comfortable with my family. During Dec 15 she was very out of mood and was silent. Suddenly her mom came to our home and asked my parents to take her to their home and said her dad was not well without seeing her daughter. My dad decided and sent her. During this time my brother was at saudi, and suddenly after 10 days she hanged herself in her parents house.
But the girls family lodged a complaint on all five of us. My dad, mom, brother(who is at muscat), Me(works in thrichy), my younger brother(who studies 10th std). Now the FIR and chargesheet is completely against us. stating we demanded for 90k and household materials for muscat house and monthly rent of 30k)
which we didnt do. We really dont know the reason. But their complete family is against us as false witness. Those witness plays major role? what are the ways for us to come out of this. Please give some ideas
Sudhir Kumar, Advocate
(Expert) 16 June 2015
In this case the prosecution does not have to prove your guilt to send you to Jail.
Rather you have to prove innosence to avoid conviction or else all go for7 years.
Devajyoti Barman
(Expert) 16 June 2015
Since case has already started you have nothing more to do except tp face the trial.
The case seems to be false and if that is so then you so not have to worry much and wait till the conclusion of trial.
I hope all of you have already taken bail.
Rajendra K Goyal
(Expert) 16 June 2015
Engage some senior lawyer expert in criminal cases and defend yourself.
sulthinbhai
(Querist) 16 June 2015
Actually we only did the marriage around 8 lacs and also we don't need any money from them. Also except my brother we all are earning. Don't know how to prove our innosence
P. Venu
(Expert) 16 June 2015
Sections 304B and 498A apply only if the woman had been subjected to cruelty or harassment by the husband or his relatives.
From the facts disclosed, the Sections are not attracted in this case.
Sudhir Kumar, Advocate
(Expert) 16 June 2015
Sorry.
for getting a person convicte dunder 304B the prosecution has to prove that:-
(i) there was a marraige
(ii) there is death after marriage
(iii) death is within 7 years of marraige
(iv)death is not natural.
all these elements are present in yur case.
If you are not able to prove that there was no dowry demand then the death is presumed to be dowry death.
sulthinbhai
(Querist) 16 June 2015
Can you please say, how I can prove in my case.
Also death is happened in her mother's home and we wer not in touch for last 10 days. And no demand has been made. She was happy, till she was at our home.
But don't know how to prove that we didn't demand.
Sudhir Kumar, Advocate
(Expert) 17 June 2015
They have alleged dowry demand. They do not have to prove it as there is unnatural death within 7 years of marriage( just does not matter where/how is it).
You have to prove that the cause of suicide is something other and not dowry demand and that there was no dowry demand.
Meet lawyer immediately before being arrested en-block.
Sudhir Kumar, Advocate
(Expert) 17 June 2015
you want to prove that dowry was not cause of suicide. Then please work out what was the cause and prove it.
Dr J C Vashista
(Expert) 17 June 2015
Try and find out some evidence to prove that you have never (or at any point of time) demanded any dowry from/through the deceased. However, circumstantial evidence will have to be explored/created to defend your case through your lawyer.
I agree with expert advise of Mr. Sudhir Kumar all elements of dowry death are present in the case even then you can get some proof to establish the fact (as stated by you) such as:-
a) suicide was committed at her parental home 10 days after leaving matrimonial home;
b) congenial and respectable environment and circumstances of the deceased while at her matrimonial home;
c) during her stay at matrimonial home there was no inkling of harassment and communication (phone call or letter details etc.)to her parents or family members regarding any demand for cash or in kind which may constitute dowry;
d) solemnization of marriage at your place with money spent by your family;
These are some of the examples where your lawyer is required to consider and proceed to defend your case, which is otherwise against you all.
sulthinbhai
(Querist) 17 June 2015
Thanks experts we ll Co ordinate and work with my lawyer to defend ourselves. Hoping will come out soon.
Biswanath Roy
(Expert) 20 June 2015
Updated entirety of facts on records are needed for making appropriate strategy for your defence. For defending charges against an offence u/s.304 b needs an expert with sound knowledge and experience in pleadings and well versed with the application of provisions of Evidence Act. For prima-facie opinion to your problem xerox copies of Case diary filed in the court, F.I.R., Investigating report of the I.O. and Seizer List are needed. If you want my opinion you may mail me scanned copies of those documents ..
