False dowry 498A & 304B case
Ajay
(Querist) 27 February 2016
This query is : Resolved
Hi, my brother wife took poison in an attempt to harass my family, as she wanted to live out of joint family. She was taken to hospital & 4 day she got fit. She gave a statement of false dowry, domestic violence against my brother & parents. On 5 day her brother & Bhaiya did her abortion as she was 1 mnth pregnent. This was done without my brother consent. On 6 th day her health got worse & on 11 day, she expired.
Now my family members are charged with 498A section and domestic violence section. 304b is yet not applied.
Autopsy report is still waited.
No arrest or warrant yet published.
What can we do now from our side to safe guard us??
Pls suggest.
Ajay
(Querist) 28 February 2016
Pls advise at the earliest
Ajay
(Querist) 28 February 2016
There marriage was just 1 yr & 8 months
Santosh Goswami,Advocate
(Expert) 28 February 2016
No charge of dowry death is made out. Vital aspect is tht abortion is done on behest of her relative and that the cause of death was the abortion and its resultant effect. Medical certificate is vital. If you could prove these two elements, you will come out of it.
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Sudhir Kumar, Advocate
(Expert) 28 February 2016
there is a need to come out of misconcept.
In this case the police has to prove that :-
(i) There is a marriage.
(ii) Marriage is not more than 7 years.
(iii) there is a death.
(iv) death is not natural.
Mere existence of these facts is sufficient for conviction of entire family for 7 years in Jail.
There is an allegation of dowry demand and she cannot be cross examined now this statement has the value of dying declaration.
You have to prove by your own evidence that there was no dowry related harassment or else 304B is proved.
You have not at all cleared :-
(i) why abortion was there.
(ii) what was nexus between abortion and poisoning.
If she wanted to live out of joint family and was compelled to life in joint family this itself is harassment. This clearly indicates that she had no problem with husband and she rightly / wrongly was not comfortable with others.
Rajendra K Goyal
(Expert) 28 February 2016
There are chances of more trouble, discuss all aspects in detail with your lawyer.
Devajyoti Barman
(Expert) 28 February 2016
Since it will be treated as her dying statement the persons mentioned in the statements will be in deep trouble.
Now not much dust has been thrown.Take bail else even getting bail will be impossible.
Ajay
(Querist) 28 February 2016
@Sudhir, pregnancy was confirmed on the day itself, when she consumed poison. On that day she came back home from her maternal home after 3 days. He took her to doc for pregnancy check, got confirmed, was happy, but she was tensed. Got some word exchange between two. She got overheated, & consumed poison.
She never wanted to have kid as it was unplanned, even during the treatment, hospital doc suggested to do abort after 2 days, but her relatives did not wait for 2 days, they signed consent form & got that done.
Ajay
(Querist) 28 February 2016
Another question, when do we go for anticipatory bail... ?
Ajay
(Querist) 28 February 2016
Can something be done to avoid arrest or surrender even for once, and case keep going?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 February 2016
Since it is matter of death so normally be prepared for arrest. Lower court may not grant bail. You may have to go to Sessions court or High court.
If FIR is registered you can go for anticipatory bail at any time before sessions court and if rejected than you can go to High court.
And if you do not panic and move properly the bail will be granted in routine course after some cooling period .
Please tell your location and family history of both side for suggestions on counter cases to avoid final conviction in the case.
Dr J C Vashista
(Expert) 29 February 2016
Apply for anticipatory bail through a local prudent lawyer and be prepared for more to contest the case, it is totally against your family especially your brother (husband of deceased).
Sudhir Kumar, Advocate
(Expert) 29 February 2016
you said
"pregnancy was confirmed on the day itself, when she consumed poison. On that day she came back home from her maternal home after 3 days. He took her to doc for pregnancy check, got confirmed, was happy, but she was tensed. Got some word exchange between two. She got overheated, & consumed poison.
She never wanted to have kid as it was unplanned, even during the treatment, hospital doc suggested to do abort after 2 days, but her relatives did not wait for 2 days, they signed consent form & got that done. "
AS APPARENT THE ABORTION WAS DUE TO POISONING (at least appearing form what you described)
THE POISONING WAS FOLLOWING ARGUMENTS.
SO 304B IS MADE OUT.
ARRANGE FOR BAIL OF ENTIRE FAMILY (especially those named in her statement)
P. Venu
(Expert) 01 March 2016
Frankly, I am confused.
The queriest has no where mentioned of the death of his brother's wife. If so, where is the question of dying declaration and the 'horrible' fate awaits the queriest and his family?
Sudhir Kumar, Advocate
(Expert) 01 March 2016
He has clearly stated that
"th day her health got worse & on 11 day, she expired."
P. Venu
(Expert) 01 March 2016
Mr.Sudhir Kumar,
Thanks for correcting me.
