Section 308 ipc
Guest
(Querist) 24 September 2013
This query is : Resolved
dear sir,last year police charged sections ipc 308 on me and 3 other persons. the petitioner is an autorickshaw driver. he has given report like this in his petition: me called him for a trip and while on the trip i wrap his neck with a rope and tied hardly back,and vehicle went to road side out of control and came to stop in gear, otherwise he will fall to hill slope which may cause death to him, after that the other 3 people came in a car and hit him roughly with hand and a wheel spanner, also we took his 5000 rs and 24gms gold chain.
The actual situtation was like:
i am the second accused. the first accused is the petitioners cousin(he had some family problem with the petitioner) so he called us to go with him to the rickshaw drivers place which is 50 km far from our place. actually we were four people it was raining heavily that day and we go in my car. at his place the first accused called the rickshaw and we followed the rickshaw. after a km ahead rickshaw stopped at road side safely. both of them get out of it and begin fighting each other, we just watched it infront of the rickshaw were my car is parked.but after half minutes some other rickshaw drivers came that way and support the rickshaw driver and hit the first accused. then we get involved in the matter and we gave some hit and get some,with in minutes we flew away from there in my car. this is wat happened.after that he get admitted in a government hospital and filed a petition in nearby police station. next day police charged 308,426,427 ipc and we took conditional bail and regular bail there after. is the case strong? will we get punished? is 308 strong in our case? we didnt see the medical reports.we didnt stole any things like he said in petition.our advocate is not telling anything clearly, he is in a think that the case can be solved by the both parties. is it possible in the case of 308 which is not compoundable.
deepak kumar
(Expert) 28 September 2013
since you have obtained bail for the present you do not have to fear anything in the immediate future. Do take precaution so that your bail bonds are noy cancelled due to your/ advocate's lapse.
as far as the true facts and outcome of the case are concerned it will depend upon materials and evidence produced during trial so this is not the stage to predict outcome of trial
Guest
(Querist) 02 October 2013
thanks mr.deepak kumar for your valuable advise and time.
