Sec. 304 IPC
Shashwat Shukla
(Querist) 22 April 2009
This query is : Resolved
Hi Experts,
I hv a case in which the complainant's son had illicit relation with the wife and mother of the accused applicants (one is husband and another her son. the complainant said several time to his son to stop the nefarious act but his son did not listen the complainant (It is also mentioned in the FIR). on 17/10/08 at 11:00PM, the deceased went to the house of the accused applicants and at that time the applicants came there from Bangalore and seeing the deceased and his wife/mother in objectionable condition; they became angry and started abusing and beating the complainant's son with danda and bricks.Further after giving first aid in the house of the complainant, they were ready to go to the Hospital with the assistance of gram pradhan and in the meantime his son died at 4:00AM in the morning. the FIR has been lodged on the next day i. e. 18/10/08 at 8:30AM. Kindly assist me what argument i have placed before the court and if any ruling in support of the case u want to refer?
A V Vishal
(Expert) 23 April 2009
Dear Mr Shukla:
Will you share the fees if we assist you in the arguement you have to place before the court. Friends grow up, you have accepted a brief not sure of how to put forth your arguement.
Shashwat Shukla
(Querist) 23 April 2009
Dear Mr. Vishal,
thanx for ur nice rply bt so far as my knowledge is concern this is a intractive plateform for lawyers where we discuss, resolve, suggest, share all types of matters from the launching of this web site i think u would be the first person who demands fee. i know the arguments in my case bt only for taking my others colleagues' view, i put this query before the forum of experts. if u dont want to give answer no problem at all bt this is a suggestion to u kindly dont send this type of msg on this site bcoz this is the only web site created for lawyers not meant for business bcoz we share files for knowledge purpose not for earning purposes. again thanx for ur advice. i know abt my case as well as abt arguments. thanx again for giving ur suggestion.
Shashwat Shukla
(Querist) 23 April 2009
Hi Experts,
The complainant's son had illicit relation with the wife and mother of the accused applicants (one is husband and another her son. the complainant said several time to his son to stop the nefarious act but his son did not listen the complainant (It is also mentioned in the FIR). on 17/10/08 at 11:00PM, the deceased went to the house of the accused applicants and at that time the applicants came there from Bangalore and seeing the deceased and his wife/mother in objectionable condition; they became angry and started abusing and beating the complainant's son with danda and bricks.Further after giving first aid in the house of the complainant, they were ready to go to the Hospital with the assistance of gram pradhan and in the meantime his son died at 4:00AM in the morning. the FIR has been lodged on the next day i. e. 18/10/08 at 8:30AM. Kindly reply.
A V Vishal
(Expert) 23 April 2009
Dear Shukla
I am sorry if you are offended, which I did not mean at all. I appreciate the fact that you recognise this forum as a platform to exchange knowledge. My response was to the particular line in the query "Kindly assist me what argument i have placed before the court", my idea and opinion is I have come across lot of queries, in such forum where clients by-pass the professionals and want to represent themselves before the authorities. I also noticed that mere advise will not stop them from seeking more and more information. I am not against educating the client about his rights, duties and obligations and responsibilities but I am of the firm opinion that every one has a role to play and the clients cannot get into the shoes of a professional. Moreover, not to mention as a professional practising for the past so many years I have come up to a stage not due to patronage of seniors or like but by dint of my hard work. I expect people to be the same probably which is more than what I should have expected. Any way the fees thing was in a lighter vein and I did not mean. I am sorry if you are hurt by my comments in my previous reply.
Regards
Vishal
RAKHI BUDHIRAJA ADVOCATE
(Expert) 24 April 2009
I do agree with Mr. Shukla's views. In fact, we are here to share our problmes & to get the solutions for that. Moreover, my Ld. friend Vishal is claiming share of fee amount, but he had not thought that same situation could be arisen before him also.
A V Vishal
(Expert) 24 April 2009
Ms Rakhi:
Please do not try to drag the matter unnecessarily, I have already replied to Mr Shukla, Please refer that the issue of fees was in lighter vein please refer this "Any way the fees thing was in a lighter vein and I did not mean." which is given in my reply. As for as the matter is concerned I have apologised to Mr Shukla if I hurt his feelings unknowingly. The matter is closed since it pertained both to Mr Shukla and myself and any further unsolicited comments on the matter is uncalled for.
tarun goyal
(Expert) 25 April 2009
dear Mr. Shukla,
i think u can see and extract the defence arguments from K.M. Nanavati v State of Maharashtra (AIR 1962 SC 605). similarly, after going through the case laws on exception 1 to section 300 IPC, arguments can be extracted which are in your favour. regards.
Shashwat Shukla
(Querist) 26 April 2009
Dear Mr. Tarun,
Thanx for giving ur great reply. your opinion is right. i m also agree with ur opinion.
