Brothers death

Yes you can request the court to re open your brothers suicide case in giving complete proof which shows his death was suspious that he is murdered or instigate him to commit suicide by his wife and now you want to re open the case to find out the actual facts behind that and to fight for him to console her sole to fight for his justice and to punish his murderer through the court.

Your query is silent, whether the police registered a case or not, if so it is  under a suicide case or murder case, if so on whom it was registered etc., particulars are not given. Without giving, how could we help you.

after the marriage his lady started to fight with my brother. she want to live seperately with her husband.one month we stayed  together. then they went out.my mother was  the heart patient and govt employee. we has 3 lakhs debt.for 3 months myself and my mother met him & his lady. suddenly we got news that he made an attempt to suicide having some poison and hospitalised by his friend.all our problems started thereby.doctors(psych) said husband wife dispute.then onwards he is drinking heavily . still they were not living with us.meanwhile again 2 attempts he made.The lady not even came to hospital to see him.at last he came back to my home and said i wont live with her.suddenly he started vomiting.my neighbours rushed to my home along.he old him taken poison.meanwhile i brought vehicle and hospitalised him.again his wife dint come to hospital.in hospital he told my mother and myself that he havent taken anything save me. doctors confirmed the poison.we confused which one to be believed the former one or latter one.he taken his last breathe before my own eyes.his lady came to hospital after his deathmeanwhile i been to police station first time i n life.given stetement that he commited suicice. udr filed.she too given statement that we are pressurisin him for second marriage ie why he commited.after that no news about her.now my mother too expired and she is back asking for her share and threatening me by498a.the lady doing all these things made my brother death suspecious.her neighbours now telling that she is beating my broyhr for money and always fighting.

Hello Prem.

The Code of Criminal Procedure(CrPC) provides for the limitation with regards to criminal offences. In cases that are punishable with an imprisonment of more than 3 years, there is no limitation and cognizance of the same can be taken by the Court.  Section 469 of the CrPC states that the period of limitation, in relation to an offence, shall commence on the date of the offence or when the date is not known, from the date when the offence comes to the knowledge of the person or of any police officer (whichever is earlier).

Also, in computing the said time period, the day from which such period is to be computed shall be excluded. You can demand the investigation report and the post mortem report from the concerned police  station and in case the refuse to provide them, you can obtain them, via an RTI application.

Practically speaking, the officials may claim that that they are no longer in possession of the old documents, hence in such cases, it is advised that you first put a query across to them regarding the duration for which they maintain their records. Once, you procure the documents you can file the complaint in the police station. In the event, the police refuses to register your case, you may approach the local Magistrate under Section 156(3) of the CrPC. You may consult an expert in this regard.

 

–Regards

Advocate Pooja

www.lawkonect.com