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Ipc 306 and 498a

(Querist) 10 June 2013 This query is : Resolved 
My younger son was married to Roshni in the year Dec. 2008. At that time he was in Baroda and working as Branch Manager in a Finance Company. By the end of year 2010 my Daughter in law was also selected as JAO in BSNL and after gaining some training she was posted at Ratlam. After some times my younger son has also shifted to Ratlam by resigning from the company and started his own business. Everything was running normal in my family and parents of my daugther in law was also having no issues and never made any complaint about my son or about any of the family member in my family. On 12.05.2012 my daughterinlw committed suicide by hanging. She did not written any suicide note. Parents of my daughterinlaw have lodged FIR and the case is filed us 306 and 498A. Till the death of my daughter in law, every thing was normal. Relationship between my Younger Son and his Wife Roshni was also normal and there was no big dispute between them. Relationanship between myself, my wife and parents of Roshni was always remain normal and cordial. After death of Roshni parents of Roshni have also taken custody of minor girl of my younger son (aged 3 years) and have taken away with them. My son remained in Judicial Custody for about 2 months and the case is under process. Please some one advice me the fate of case and further suitable advice for future compliance
Raj Kumar Makkad (Expert) 10 June 2013
As the case is already subjudice, you need to engage a good lawyer and have to defend the case vigorously and effectively. The prosecution has to prove its case beyond any reasonable doubt.

Once you all get exonerated from the case, your son may file for the custody of his minor child.
Rajeev Kumar (Expert) 10 June 2013
Agree with Makkad Sir.
Rajendra K Goyal (Expert) 11 June 2013
Engaging a good lawyer and fully concentrating on defense is the best course of action. fully agree with the views of the expert.
V R SHROFF (Expert) 11 June 2013
Defence is the only way out.

I/O Report and Medical examn are vital.
Last two months of incident's mobile records of h-w need to be minutely scrutinised.

As no reason for suicide,no evidence of cruelty, how police Police charged your son u/s 306, 498
What happened during last week, who visited whom, etc are important points.

Such cases are looked into very very seriously due to political and women movement. Such death of woman need to be stopped . Society must be vigilant, keep their eyes open , councils troubled woman, and solve their problem.
If her parents & relative tell court: My Daughter was earning , Educated, and bold enough, Had never informed us abt any tension, or problem, and it is a case of murder!!convert it to 302, then YOU WIN] IT IS LIKELY THAT IT HAPPENS.
IN SIMILAR CASE, IT WORKED WITH ONE OF MY client, being accused CHARGED WITH 306+498. He was acquitted with his fly.[ even with hand written notes]
THE TACTFUL ADVOCATE CAN PROVE YOUR SON is INNOCENT.


Sudhir Kumar, Advocate (Expert) 11 June 2013
please read FIR again. whether S/304B is alleged or not.
RAJENDRAN K.M. 09443050520 (Expert) 12 June 2013
Agree with Makkad Sir.
Anil Verma (Querist) 05 January 2014
In respect of my above querry Arguments took place on 04.01.2013. At the time of Arguments only defence lawer argued and made point wise clarifications to defend the case. The Public Procecutor was not present. The next date, the date for Judgement is given 09.01.2014. Whether the absence of P.P. would affect the Judgement in any way
ajay sethi (Expert) 05 January 2014
your lawyer has already submitted his arguments . if PP did not argue on behalf of state it is his call .he should have remained present to submit his arguments . wait for judgement on 9th januray 2014
V R SHROFF (Expert) 11 January 2014
Hope good luck// Let us know the Judgement pl !!
Anil Verma (Querist) 16 January 2014
Sessions court convicted my son under section 306 and setenced him for 7 years. Our lawyer have adviced us to appeal before high court. What is the procedure under the circumstances to appeal before high court and what is the time limit to submit appeal. Whether my son can get bail from High Court?


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