IPC 498A & 306
manish
(Querist) 10 July 2015
This query is : Resolved
Dear sir/mam;
My No.2 sister in law commit suicide. We are 3 brothers .Both my elder are married and their wives are real sister.
We are not in joint family. We separate since 10 years ( state Ration card separate ).And now my mother father and sister are depended on me after getting job by me in Defence ( Indian air force) .I have depended card for all three people which are provide by service. So how can they ( sister in law's parent family) bame on us under IPC 498A & 306?
manish
(Querist) 10 July 2015
Both the brothers got married before 11 years.
manish
(Querist) 10 July 2015
Plz help...my email
420786mahi@gmail.com
Shashwat Shukla
(Expert) 10 July 2015
Dear Mr. Manish,
As u said that brothers got married before 11 years then demand of dowry will not attracted but Section 498 and Section 306 will be applicable if u proved that at the time of occurrence u and ur family were not present.But once FIR has been lodged against u then u should take bail first because no court shall interfere for quashing the FIR at initial stage.
manish
(Querist) 11 July 2015
ThankX Shaswat sir;
Sir my mother's elder sister's home distance is about 100 mtr.And her husband ( Elder uncle) is a heart patient and he has only one son. And his son is a govt teacher. From 11th standard I was living there (because he was posted in a very long distance and heart patient my elder uncle). After getting job ( in 2011)by me whenever I came for leave I live there mostly time specially every night .In this current year I come my first leave only 12 days in April .In June I came second leave (in June first ) for attending a marriage in relation of my elder uncle.when I came that time my second sister in law was not there( she was on her parent home because some construction work going on there) . its told by my elder sister in law ( her elder real sister). She came on 9th June in evening time from her parent home. When I came from outside i see both brother in law and my younger sister are drinking tea ( tea made by my elder in law). In night time I go for my meal. I took my dinner and come back to my elder uncle home ( according to daily basis). That time she was making food. We all make our food separate. At that time nothing wrong or quarrel was there. In morning time (almost 4 o'clock) a call came from Mumbai of my second no.brother to my elder uncle' s son (on mobile). He wake up me both we ran towards my home. There were everybody crying and told us that she hang herself in her room. We both go near her room and saw from outside. We call to our relatives, her relatives, Sarpanch , and police. They all come on different times. Dead body sent for medical.
In that night :-(Whatever told by my elder in law to me)
1. My father mother both were sleeping in room which made outside of the home. ( Daily they sleep there in mostly day time also)
2. My elder in law sleeping in her room with her both female kid & my younger sister and room doors were open because of summer season.
3. She sleeping (committed suicide) in Barinda (A covered area in front of rooms) with her 04 year female kid.
4. Both my brothers were Mumbai.
5. In morning between 3:30-4:00 her kid came inside my elder in law room & said Mosi where is my mother she not on her bed.
6. My elder in law wake up and move her neck towards Barinda. Barinda light was on .
7.She went there and my younger sister follow her.
8. Elder in law seen that she was not there.
9. Just near her room was there.Elder in law knocked and shout her name. But it was closed inside. She shouting continue her name.
10. My younger sister go outside and come with my father mother.
11. They also continue knock her room and my mother also shout her name
12. They all feel that she close herself from inside and may be unconscious.
13. By screw driver and plier they open the door
14. They all surprised and shocked. Continue crying.
15. My younger sister call to her husband on Mumbai.
16. And he call back to my elder uncle's home.
We didn't touch anything. Medical report came. There was nothing any internal or outernal injury.
If any personal matter is there in between husband wife and her parents ; we don't know. My father mother are above 52. We don't have any financial issue with her and her parents and husband.
Her husband arrested by police after15 days. Now he is in cell.
manish
(Querist) 11 July 2015
We are innocent. Simply they are blaming us ( adding elder uncle's son also). They are about 50 km far from us. Can they simply without knowing any thing add our name in above mentioned IPC's?
And sir what's the solution
And what the procedure of police and court.
How and what we do ?
Plz and pls tell me sir.
manish
(Querist) 13 July 2015
Plz anybody help.......