Murder caseHusband puhsed her wife from fourth floor balcony
CHEEMOO
(Querist) 27 November 2009
This query is : Resolved
That my brother in law killed my sister by pushing her from 4th floor. There is no eyewitness of this incident. In the morning at about 5.45 a.m. chowkidar of the building knocked the door and informed us that some lady fallen down from the upper floor. Upon which I and my mother went downstairs and saw the saima was lying on the road in serious condition. On our query she very slowly and difficulty uttered the words as “Imran Dhakka” Mean while chowkidar had brought a vehicle. In the meanwhile I informed the police on phone as well as to my elder sister.
Please advised us there is no eyewitness how can we proof this murder? According to advocate there is no legs and foot bones broken. The hands and wrist bone broken due to Saima trying to safe her life from head injury. Please read this case and Postmortem report and advise us how can we proof this murder?
Please send us case law.
Deceased Saima was my real sister. Accused Imran was her husband. They were to residing in adjacent to our flat. Their marriage took place about 8 years prior to the date of incident of murder. The relation between the Spouse has become strained due to another girl namely Erum from the very start of the marriage. His behavior had become harsh and cruel towards my sister Saima. Before the incident the accused Imran had also issued threat of murder to my sister Saima. My another sister also moved application to the police station concerned for his cruel some behavior towards my sister Saima. I produced the photocopy of such application as Ex-26-A duly received by police station. On 20.12. 2008 a quarrel had taken place between Saima and Imran and Imran forced to Saima to obtained Khula from him as he intend to marry with Erum in case of divorce he had to give the dower (Mehar) amount to Saima. On hearing the commotion my mother went to the flat of Saima at about 3.00 a.m (night), and after sometime returned back. Thereafter 4.00 a.m.(night) Saima came to our flat and complaint about the quarrel with Imran, but my mother advised her to go to her flat and matter will be seen in the morning. In the morning at about 5.45 a.m. chowkidar of the building knocked the door and informed us that some lady fallen down from the upper floor. Upon which I and my mother went downstairs and saw the saima was lying on the road in serious condition. On our query she very slowly and difficulty uttered the words as “Imran Dhakka” Mean while chowkidar had brought a vehicle. In the meanwhile I informed the police on phone as well as to my elder sister. Who also came at the spot and we shifted Saima to hospital. My elder brother had also reached to the hospital and leaving him there we return back to our flat, where police is already available. I and police knocked the door of the Imran but he did not open the same. In the meantime my elder brother also came there and informed that Saima had expired. Imran came out of his flat and he was arrested by the police in my presence. Police prepared such mashirama of arrest which I acted as mashir. Then we went to hospital alongwith the police. Police inspected the dead body of the deceased and prepared such mashirnama so also inquest report to which I acted as mashir. Therefore we shifted the body to Hospital for Post-mortem and after the post-mortem the dead body was handed over to my brother in my presence. Statement of my mother was also recorded
FIR
That my daughter saima was married with Imran about 8 years. My daughter has no child. Often there were quarrels between my daughter and her husband. Today on 20.12.2008 at about 3 O clock in the night I went to my daughter flat in my neighbor and found that my daughter and her husband were quarreling. He was uttering that he would leave her and will get marry to Erum and if she further tease him he would push her down the flat. Then I went to my house. At about 4.30 my daughter came to me and told that her husband Imran has administered her some thing in water or tea, thereafter she needs sleeps hence I asked my daughter to go to her house and sleep then she went away. At 6 O’clock in the watchman knocked the door . I opened the door and watchman told me that a women has fell down and found that she was my daughter Saima. My daughter disclosed that Imran pushed her down. Peoples come around from their shops Milkman give the water to my daughter .and Then I took my daughter to Hospital but my daughter expired on the way. She than brought dead body of her daughter for Post-mortem. She alleged that her son in law killed her daughter by pushing her from 4th floor.
About three years priors to the incident an application was moved by the sister of deceased to police station
POST MORTERM:
The medical officer who conducted autopsy of the dead body of the deceased and found following injuries on person of deceased Saima on external Examination.
Female 33 years old. She was heavy built looking 5.6 feet height the body was fresh. Her rigor mortis are developing. Her features extent were identified. There was no sign of decomposition. Postmorterm lividity was present over back of the chest and trunk was not fixed. Her tung was inside the mouth. Pupils fixed dilated. There was no sign of oozing of blood or secretion from mouth, nose and ear. Surface wounds and injuries.
1- Her face was slightly cyanosed, nails and lips were also cyanosed.
2- Scratches on Arms and hands.
3- There was clinical fracture of right lower part of the forearm near wrist joint.
4- There were abrasion over front of the chest.
5- Bruse over left forearm ventral aspect.
6- Both hips are bruse size 10 x 7 left hip and 12 x 8 right.
7- Both Post aspects of both legs were brused.
On internal Examination the medical officer found the following:
Head : There was no visible injury over skull all skull on percussion all skull bones found intact.
Neck : Exploration reveals no visible mark of injury over neck. Skin subcutaneous and under line vascular. Muscular in structure intact. Hyoid bone thyroid cartilage and tracheal ring intact. Cartilage and tracheal ring intact. Cervical vertibornal found intact.
Time between injuries and death was instantaneous.
Time between death and post-mortem 4 to 6 hours.
The medical officer opined that the cause of death as acute hambragic shot and injury to the vital organ i.e. both lungs leading to cardio respiratory failure as result fall from fourth floor flat alleged.
THROAX: Examination exploration reveals collection of blood mixed with clots in the chest cavity. Both lungs were collapsed. Due to fracture of multiple of ribs of right side thoraz viz. fracture of upper part of sternum. Heard was normal in size and shape.
ABDOMEN: There was no collection of blood of fluid in the cavity and all structure were intact but pale.
SPINAL CORD: Intact
adv. rajeev ( rajoo )
(Expert) 27 November 2009
To prove it eye wittnesses are necessary, only on the basis complaint it cannot be proved.
Where was Imran at the time of incident?
Legal Eagle
(Expert) 27 November 2009
As I assume from what is written by you, the time between injuries and death was instant.
Let the police invstigate and do their job.You are free to inform that police in the FIR that you think that your brother in law has killed your sister.
I know that you are very disturbed at this point of time. But just think over the statement being made by you against your brother in law.
What statement has your brother in law given in the FIR at the time when your sister died.
CHEEMOO
(Querist) 27 November 2009
Thanks for you for giving us your valuable time.
Answer of your question Where is Imran at the time of incident?
Imran is in his flat in which flat he pushed her wife. Police arrest him from flat. The Honourable Judge saying that there is nobody in flat except Imran and Saima at the time of Incident.
All resident of flat are awaken from crying voices. But Imran saying he is sleeping. Chowkidar knocking door again and again and again but he don't open the door. He don't open the door to police. But after an struggle of 30 minutes Imran have no way to escape therefore, he was arrested.
Tell me at early morning in 5.45 a.m nobdy looking on 4th floor balcony and in the month of December there is no ligt of morning at that time. How it possible that somebody eyewitness of this murder.
The body is lying near to the balcony. according to doctor its proof that somebody pushed her.
And there is no bone broken on legs. In suicidal jump legs bones are broken. But in Saima report Hands and wrist bones broken.
The statement of Imran is that He is sleeping at the time of incident.
The police take money from accused and made statement in favour of accused. Accused is arrested from flat at the time of incident. But Police shows they arrested him in the night from the staris.
Police insist us to change our statement of arresting but we are going on true we dont change our statement.
Therefore, there is no good hope of wisdom from Police.
On our query Saima very slowly and difficulty uttered the words as “Imran Dhakkaâ€
Please advise us which bones are broken in murder when body pushed from height and which bones are broken in Suicidal Jump.
Saima was found lying on the road very near to the balony not far. Doctor said If saima Jumped her body lying on Car parking area in front of balcony side. But body is lying near the balocony its means somebody pushed her.
Saima hand written letters are availble with us in which she informed about threats of Imran that Imran killed her. She feel that Imran kill her.
We give these letters to Police but Police dont submit these letters in Court.
Suhail suhail
(Expert) 27 November 2009
I am Sorry for the tragedy you met with.Regarding the case here i think this is difficult situation since the eye witness is absent,and where there is/are no eye witnesses the circumstantial evidence is considered which could prove the guilt,for example if one is killed by fire arm (Revolvers, Pistols,etc,) Stabbings by any sharp tool like Knives etc,the investigating agencies corroborate the chain from searching links like as the weapons,Postpartum report,etc.like such cases do carry substance to prove the offence.But i am sorry to say here the case is hopeless,since it seems a planned and cleaver mode of act,i think it is very difficult almost to near impossible to get the guilty punished.
The Statement that is dying declaration (last words from the mouth of victim)as you mentioned if witnessed by others too like the watchman,or neighbors etc. could be base to get the matter investigated.Since the accused if he is,has planned very cleverly done it,and he can say he was sleeping and do not have any knowledge of it till he heard the cries from people,that is he can say she may had slipped or had lost balance which make her fall.
I understand the sentiments and pain of yours but unfortunately the criminal cases of such type have 99% of letting the accused to get acquitted,i think you got it and had the act of burns,injuries due to scuffle,etc could have some chances,even there also the benefit of doubt is given to criminals,as justice is done by the court of law upon the evidence and sorry to say sentiments in such cases are having least to nil consideration.
I SUGGEST;
Consult a good criminal lawyer,who could be able to get available evidence to broaden,and as you mentioned the role of some other woman,you get the services of a good detective who only could be able to get material evidence to surface.Please i request do not speak or react in emotions as that will benefit the accused,it is hard to bear as,"ONLY THE BEARER KNOWS WHERE THE SHOE PINCHES",i can understand your pain but act wisely you have to prove murder that too where there is no helping material.Just avail the services of a detective,or if you cannot get any detective, then try to locate some retired official from intelligence,police,and deploy him;i suggested the only option and or i am sorry to say the guilt is very very difficult to prove.
I pray Allah may give you the tolerance to bear the tragedy,and bless the soul of demised with heaven...
CHEEMOO
(Querist) 27 November 2009
Criminal Acquittal appeal is accepted in high court and now our case in hearing stage in High Court.
From the date of incident Imran was arrested and in jail. Two bail applications rejected from District Court and Two bail application rejected from High court.
But suddenly the transfer of justice new justice release the accused.
In this case judgment of district court is
JUDGEMENT
In view of the afoementioned analysis of procecution evidence, I would say that the prosecution has miserably failed to prove its allegations against the accused beyond doubt. As such as Imran is given benefit of reasonable doubt and acquitted.
Suhail suhail
(Expert) 27 November 2009
Well i had placed everything in my reply,so i will say what i suggested can only help you,obviously it was to happen court had done as i had viewed.I placed everything ion my reply......that is long and short of this case.
CHEEMOO
(Querist) 27 November 2009
Mr. Bilal Autshi thank for you to given your valuable time to our case.
I cant understand what to you mean
Please tell me what is your view what are you viewing at this stage.
I will try my best for justice. Lawyers tell me that case is hope less. But I want to try till the end. At the day of Judgement of Allah I can be able to say that I tried our best
Suhail suhail
(Expert) 27 November 2009
I tried my level best to place everything in simple language,i think you mail me at bilalautshi@gmail.com.i will try to explain every consequence.
JITIN KOHLI
(Expert) 27 November 2009
let the police makr carge sheet till now you no one can do any thing
Jitin kohli
M.D
Legal Solutions Pvt. Ltd.
CHEEMOO
(Querist) 27 November 2009
Thanks Mr. Prabhakar for your expert analyis on our case. I wish and hope of justice from High Court. Thanks for your cooperation. Your advises are very noble for me. Your advises are very helpful to me.
Inshallah I will fight this case till I get positive result.
