How to prove the person guilty
Shweta sharma
(Querist) 18 April 2016
This query is : Resolved
A person gave a severe beating to a boy and he fell unconscious and thinking that the boy had died , to hide his concealment he placed the body on the track and the train arrived and crushed the body . the postmortem report said that the boy died due to train injuries . how should I argue before the court that the man should be be held for culpable homicide and disappearance of evidence
Devajyoti Barman
(Expert) 18 April 2016
On the minuscule information hardly anyone can guide you on the point of argument.
All the best anyway.
P. Venu
(Expert) 19 April 2016
"A person gave a severe beating to a boy and he fell unconscious and thinking that the boy had died , to hide his concealment he placed the body on the track and the train arrived and crushed the body"! What is the evidence in support of this contention?
What are the charges framed?
Rajendra K Goyal
(Expert) 19 April 2016
Full case file need to be referred, consult senior lawyer.
Dr J C Vashista
(Expert) 20 April 2016
There are many links missing in the post, how can you establish and prove that the boy was given sever beating, he fell unconscious; have you any evidence to say so?
Subsequently you have mentioned he was thrown on rail track where he was crushed by a train and postmortem report said the boy died "due to train injuries" which the doctor conducting postmortem can never say, read it again and again.
The doctor has to specify cause of death and not as stated by you, that the boy died "due to train injuries.."
You are required to do lot of home work on the brief.
Nothing can be opined without going through case file, consult a local senior lawyer.
