IPC 306
saikat chanda
(Querist) 31 August 2009
This query is : Resolved
Hi,
My girl Friend committed suicide on 14/11/2004 in Delhi at her parent's house.
At that time I was in my hometown.
After her death her parents gave first statement to Police that because she failed in some exam she committed suicide.
After 6 months they raise a FIR against me saying that she committed suicide because of me.
Main evidences are:
1) She wrote a mail to me where she wrote, "You are a liar" etc. But did not mentioned that she is going to commit suicide. It is not a suicide note, but a love letter, which ends upon a rough talk.
2) She sent a sms to me saying "If you don’t pick my phone I will commit suicide"
Now for last two years the case is going on in session court.
Her parents usually don’t come to court and ask for a new date via application.
I last appearance they told "My daughter told me that they Saikat has ditched me and asked me to commit suicide"
It is the opposite version of their first police statement.
Now they are not coming on the dates.
The case is almost 3 yrs old. Nothing is happening as they skipped the dates normally.
Can you suggest what should I do?
Thanks
Saikat
deepak kumar
(Expert) 31 August 2009
what is the stage of case? if it is in evidence stage then ask your advocate to pray for closure of prosecution evidence.
however proper advice may be given only after the present stage of the case is known
Sarvesh Kumar Sharma Advocate
(Expert) 31 August 2009
go to d high court and file an application for speedy tril in lower court,fix a time limit. file in to d session court.
Bhumik Dave
(Expert) 31 August 2009
Filed application for speedy trial in H'BLE High court
Kiran Kumar
(Expert) 31 August 2009
well i ll not comment upon the merits of the case, since the file is not in front of us.
but for the delay u r facing, it is rightly advised that make a petition before the Hon'ble H.C under S.482 Cr.P.C to expedite the trial...keeping in view the facts and circumstances of the case, the H.C will be pleased to pass necessary orders.
while filing petition make sure u place on record all the Zimini Orders till now (u can not get the copy of zimini orders but can write it down after inspecting the file).
R.R. KRISHNAA
(Expert) 31 August 2009
I fully agree with the view of Expert Mr. Kiran Kumar and Mr. Sarvesh K sharma.
Rajneesh Madhok
(Expert) 31 August 2009
Hi Sikat,
In your case you can not be held responsible for the death of your beloved. Kindly go through the judgements of the Hon'ble Supreme Court. Judging the two cases in which husbands and their families were held respobsible for the death of the wives, the court held stedfastly that torture in the marital home could not be treated as evidence of abetment to suicide. The rulings are in strict accordance with the letter of the law.
Your case is more strong than the case of death of wives in which the plea is taken about Domestic Violence Act. In your case you can not be held responsible for the death of your beloved.
Rajneesh Madhok
saikat chanda
(Querist) 01 September 2009
First I want to thank you all.
If I go to HC for speedy trial will it further impact my session court proceedings?
How many dates normally HC needs for it?
saikat chanda
(Querist) 03 September 2009
Yes it is private complaint. But as criminal case has to be done by state, it is state vs me now.
Her parents are delaying but not coming to the dates.
If I assume your point taht means if I appeal in hc it wont affect the normal proceeding in session court.
Thanks for your response,
saikat chanda
(Querist) 13 September 2009
Hi ,
I want to clarify one further point.
My advocate now suggests me that we should proceed for quashing (am not sure about the spelling) in HC.
Is it an option for me?
Based upon witnesses are not willing to come , will it help quashing?
If HC rejects my plea for quashing stating that it is already in session court, will it hamper my case in session court?
Sorry for asking to many questions.
Thanks for your response.
Regards
Saikat
riven
