False murder charge - ipc 302

@Querist,

 

I don't think that involvement of that person(you have mentioned in your query)can be denied or can be overlooked. The circumstances indicates something fishy.Few questions need to be answered.

 

1.How he got the face injury?

 

2.Why the person was dragged to the hospital or in the hospital? Did you wrongly spelt?Did you mean that person was rushed to hospital?

 

3.Why didn't you raise an alarm while you saw the body hanging.

 

and so many questions.....

 

This matter,in my view,can hardly be get quashed by the high court. It's matter of investigation and if evidences indicates that prima facie a case is made for trial, you will have to face the trial.

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Dear Vivek, For every murder, there should be planning and motive are main elements. You have not disclosed all facts and circumstances. As per the query, my opinion is, At the first instanc e FIR cannot be quashed in routine manner. Please participate in investigation and co-operate with Investigating Officer. you will through, if there is some hanky panky then you will be trouble. You can freely contact me on given mail id & mobile no. Rajiv Bhasin (Advocate), bhasin.laws@yahoo.com, 9811210505

Thank you for your replies. I can assure you there is no hanky-panky. Suicide is a tendency in depression.

the patient's friend brought him down in order to save him, thinking he was still alive, and immediately rushed him to hospital.

can this injury in inquest report, take precedence over the postmortem report which does not indicate any injury ? can police/authorities call this strangulation on basis of inquest ?

(postmortem was done by govt hosital.)

Dear Vivek, If the victim was taken to hospital then there are so many witnesses, so you don't have to afraid of any thing you version can ascertained / corroborated by the police. Don't jump to conclusion let police do their work. do you have copy of post mortem and inquest report, which can put more light on the facts and circumstances. post mortem and inquest report have weightage in court of law. which cannot be overlooked by judge. you have not answered the queries above news_know?. the queries are valid and same has to answered by you before police. so be sure please satisfy yourself before satisfying anybody else. you are the best judge. Rajiv Bhasin Advocate bhasin.laws@yahoo 9811210505

thanks again for reply sir.

his friend did raise an alarm. but he brought the subject down, tried to revive him, then called neighbors who together took subject to govt. hospital.

yes, PM report and inquest are available with accused. it concludes 'asphyxia due to antemortem hanging' .

the injury apparently happened while transferring the body, and not before the incident. but the other party is trying to make a case that the injury was caused by accused and then later the subject was hanged (homicidal hanging). but there are other points, like ligature abrasion on neck, the 'V' mark, etc., which strongly indicate suicide. if the injury was responsible for, say, making the patient unconscious and then hanging him, then such injury would have found mention in PM report as well. why did PM doctors did not indicate such injury, if it found mention in inquest ?

But PM does not indicate any injury, either on face or anywhere on body, hair, clothes, nails, etc, to indicate there was any scuffle and strangulation.

I have read somewhere PM report takes precedence over inquest. How would all this help the accused, who is just being falsely implicated. he was stupied enough to bring down the subject in order to try to save him, but his help seems to have put him into great trouble now. Please advice , do authorities concerned, public prosecutor, police, judges are so blind that they will unnecessarily argue in trial court that this is murder, despite overwhelming evidence in PM report that this is suicide.

thank you.

Dear Vivek,

from your query: it is clear that you have to face the trial.  if you have the PM as u stated than you have not to worry.  But Police will do their job.  You can file the application before Hon'ble High Court to remove your name from the FIR. as per your records.

regards

advocate.praveen@hotmail.com

9818147274

Pls. let me know, what about neighbour who took the subject to the hospital.  I.O. recorded his (neighbour) statement.  Even you stated in your query that freind of subject in the next room "so you are with some one or alone" is IO recorded statement of others as well.