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Abhishek Mawle (x)     14 May 2012

Attempt to murder on myself, my mother and my elder brother

To,

The Station House Officer,

Police Station.

 

Sir,

                 Today at around 4.15 P.M (16:15 Hrs)my uncle was driving his car and entered the house while entering the house he stopped and started abusing me .When I resisted the same he started hitting me, my mother came out to rescue me along with my elder brother  who is not in good health. My uncle pushed me and hit my mother with my bike helmet in this process we were injured and my mother started shouting for help. In the meantime my uncle’s son and his watchman came out of their respective house and started hitting me again on my private parts and behind my right ear. I was also hit on my chest, my mother received injuries on her head, bruises on her stomach .My elder brother also sustained injuries on his chest, elbow and other places. My uncle’s son with the help of my helmet started hitting me on my head and others with the intention to kill us, other passer by people stopped the fight otherwise we would have died. I request you to take immediate action.

Police have registered only a petty case no 3820/12 U/sec 70(b) cr pc  - 323 IPC. saying we have not recived serious injuries.

The accused in this case had in 1979 nearly killed my family in a brutal assault for property disputes but were acquited by the court giving benefit of doubt ,in view of thier criminal antecdents I want them to booked  U/sec 307 IPC and 354 IPC is this possible or not.



Learning

 5 Replies

Anjuru Chandra Sekhar (Advocate )     15 May 2012

You can mention in the complaint the sections under which you want them to be punished.  Police will have their own version in the Police report.  Ultimately it is the discretion of magistrate, before framing charges, to consider which charges are best applicable in the case, in the light of facts and circumstances of the case, having gone through your version and police version.

Gaurav (Mumbai)     15 May 2012

Sir,

@ Chandrasekhar sir, I think Police should have register this case U/S 325 Of IPC because the case iz reffering of Voluntary cause Grevious Hurt... ????

 

Regards

Gaurav

(Law Student)

Democratic Indian (n/a)     16 May 2012

Author and his family members should not have acted so irresponsibly about their own lives by not keeping themselves adequately armed. Section 96 to 106 IPC allows the victims to take the law for self defense in their own hands under certain conditions. As per the author of this thread the attackers entered the house, caused grievous hurt and wanted to kill. It is clear cut case were the victims rather than suffering helplessly, could also have acted immediately to implement their rights of self defense.

(Guest)

i agree with democratic indian

Anjuru Chandra Sekhar (Advocate )     18 May 2012

@Gaurav.  If there is no motive or design to kill, and fight is purely based on impulse Sec.325 is applicable.  However if the facts presented hint at/establish a motive/design to kill to achieve any specific purpose, Sec.307 is applicable.  However I think your version is more proper than the version of querier because, if the accused wanted to kill them, he would not have done it in broad day light in public view.  So Sec.325 is appropriate.


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