Kya dowry death me 302 i.p.c ka naya charge lagta hai ?
SAURABH KUMAR DIXIT
(Querist) 18 August 2012
This query is : Resolved
SIR,
MERI BAHAN KI MURDER UNKI SASURAL ME HO GYE MAINE BAHAN KE SASURA BALO PR 498A,304B,506IPC AND 3/4 D.P ACT KA CASE FILE KIYA USME HIGH COURT NE 6 MONTH ME DISPOSEL KA DIRECTION DIYA HAI AB ADD.D.J NE IS CASE ME 302 IPC KA NAYA CHARGE LAGAYA HAI !
YAH CHARGE HAMARE CASE KE LIYE SAHE LAGAYA GAYA YA NHI MAINE SARKARI BAKIL SE PUNCHA TO UNHONE BATAYA KI SUP.CO. KI NYE RULING AYE HAI ! JABKI ANYA BAKIL NE BATAYA HAI KI A.D.J APKA CASE KHARAB KR RHE HAI KYOKI 302 ME APKO SABIT KARNA HOGA KI APKI BAHAN KI HATYA ABHIYUKTO NE KI !
PLS ANS. ME !
Guest
(Expert) 18 August 2012
The SC has directed courts all over the country to ordinarily add a charge under 302 IPC when the bride has died due to burning or unnatural circumstances if the death is homicidal in nature, so that those found guilty of burning the bride can be sentenced to death. ADJ is bound to implement the directions of the SC. Even if the accused are found not guilty under S.302 IPC they can still be convicted under 304-B for dowry death.
Adv.R.P.Chugh
(Expert) 18 August 2012
There is a SC judgment that says that when a woman dies a homicidal death, in such case the charge of 302 should always be framed, as in absenceo of 302, and in case of conviction u/s 304B etc, people escape the death gallows. It's a good thing, the judge always has the power to convict in other offences 304-B/306 if 302 is not proved.
Meri nazar me yeh ek accha nirnay hai judge ka
Raj Kumar Makkad
(Expert) 14 November 2012
I concur with the views of Bharat Chugh who has perfectly attended the query.
