U/s 304b
ANKIT GUPTA
(Querist) 04 November 2015
This query is : Resolved
SIR I AM ALSO AND ADVOCATE MY WIFE HAS BEEN DIED DUE TO SUCIDE HANGING. SHE WAS SUFFERING FROM BIPOLAR AFFICTIVE DISORDER. HER TREATMET WAS GOING ON. SHE HAS LEFT A SUCIDE NOT BUT WHICH WE COULD NOT GET AT THE TIME OF INCIDENT I HAS SEND THE SUCIDE NOT BY POST TO THE I.O. AND I.O. HAS MENTIONED THE NOTE IN THE CHARGESHEET AND HAND WRITING REPORT MATCHED. I AND MY MOTHER GOT BAIL FROM HIGH COURT. FURTHER WHAT WE NEED TO DO
Sudhir Kumar, Advocate
(Expert) 05 November 2015
Unfortunate.
In a case where onus of proof is on accused you just have to prove that the cause of suicide was other than dowry demand. In this case you have evidence which one rarely gets.
Devajyoti Barman
(Expert) 05 November 2015
Now seek re investigation if the police has submitted charge sheet. Since the handwriting matches with your wife and there is no allegation against you then the prosecution shall not lie against you.
You can seek dischrage as well.
Rajendra K Goyal
(Expert) 05 November 2015
Wait till the charge-sheet filed and proceed accordingly after discussion with your lawyer.
dev kapoor
(Expert) 05 November 2015
Hi,
You have mentioned a 'suicide note' left by wife but not its contents.If you could state what is mentioned in the Suicide Note,may be, we would be in a position to give better advice otherwise you left us guessing things in your favour.
If language of the SN exonerates you from abetment to commit suicide,there is 'no ground against you ppl' and hence read with evidence of 'bipolar disorder' you could be 'discharged' without going into trial as this evidence establishes your innocence.
S.173(8) Cr.P.C speaks of 'further investigation' and there is no provision in the Code for 'Re-investigation'.
Take care.
Devajyoti Barman
(Expert) 05 November 2015
Few people are not aware that the term of re-investigation is often used in court room practice to mean further investigation only.
ANKIT GUPTA
(Querist) 06 November 2015
in the sucide not she mentioned NO BODY IS RESPONSIBLE FOR MY DEATH I LOVE YOU JANU YOUR WIFE.
I AM ONLY REPONSIBLE FOR ALL THESE THINGS PLEASE DON'T HARAS ANYBODY, GOD I AM COMMING TO YOU PLEASE TAKE ME.
IN HINDI
MERE JANE KE BAD KISI KO PARESHAN NA KIYA JAYE. MERA BETU (SON) MERE HUSBAND KE PAS RAHEGA. MAI YE KHUD SE KAR RAHI HU KISI KA KOI DABAV NAHI HAI
Sudhir Kumar, Advocate
(Expert) 06 November 2015
rarely 304b accused can get such evidence.
go ahead with cool mind.
dev kapoor
(Expert) 07 November 2015
Hi all,
If we cannot call "pale" "Yellow" why why to call "Yellow" "Pale".
S.173(8) uses the words 'further investigation' and there is settled law for that.It is now settled under what stage and situation 'further investigation' can be directed by Court.In a situation like the qnr is fixed, what I thought fit I suggested.I did'nt mean to enter into controversy or personalities with any EXPERT here.
It would however be better if some jjmnt is suggested to questioner that under predicament he is fixed,he can obtain order for REINVESTIGATION & from which Court?
Let's call a spade a spade.
But if someone has 'judicial pains' I am sorry I cannot help.
Law is stated and interpreted as it is in books, we cannot coin terms for our convenience.
dev kapoor
(Expert) 07 November 2015
Hi Ankit,
Don't bother.Much has been suffered.
By REINVESTIGATION,if you seek order from ANY Court suggested here,you will waste time and money till you obtain order for REINVESTIGATION FROM A COMPETENT COURT.Then REINVESTIGATION will commence.You already a taste on INVESTIGATION.
Ask your advocate to argue for DISCHARGE before the trial court.This is the BEST OPTION.You have sufficient evidence in your favour for discharge.
Otherwise on the basis of documentary evidence you have reproduced you ought to be suggested for quashing proceedings under S.482 Cr.P.C(561-A old) rather that seeking REINVESTIGATION.
I again say REINVESTIGATION(FURTHER INVESTIGATION) is no proper remedy in your case.
Good Luck.
Good Luck
K.S.Srinivas
(Expert) 11 November 2015
Agreed with Sri Dev Kapoor.
