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Mohammad Arif (Advocate )     14 July 2011

Case Law for Accident/Murder but not suicide

Dear Friends,

I have a case of a widow filed in AFT, wherein her husband was found drowned in static Water Tank within work premises. He had responsibilities for maintaining it as this tank was used for Fire purpose. Deceased was also responsible for maintaing a garden drawing water from that tank.

After his death, a court of inquiry was held and decalared him to have committed suicide. However there was

1. No suicide note

2. No Family problem.

3. No financial problem.

4. No medical problem.

5. No mental distress as per wife. ( A copy of COI is still awaited from the Dept.)

6. P.M report says death due to drowning. No visible sign of scar/wounds.

Kindly refer few case laws wherein authorities have declared as suicide but ultimately resulted in Accident/Murder.



Learning

 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     14 July 2011

It all depends upon evidence. There is no straight jacket citation which may directly fit in your case unless entire evidence is known. It is better to wait for COI Report so that it may be studied and further defence may be taken to rebut it.

1 Like

DISHA D. SHAH (lawyer)     01 August 2011

1, its within premises can get  workman compensation because in case of marder and accident in within workplace

2, file complain that " not suicide" ,  sollution as per my knowledge


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