DINESH SINGH (SERVICE) 19 September 2008

IPC-306 Case Laws

Dear sir,

My sis has got married in 2002,with a person who was in the profesion of civil contractor,

there marriage was registered marriage,after 2004 . They had bought one house which they have bought on the name of my sis. After some days we came to know that her husband is habitual drunker and having all other bad habits.

The situation of there profession become worst,they left the civil contract,joind people like playing gambling,drinking and all bad habits..After a period of 4/5 months there was daily disputes/quarrel between husband and wife,because of money and his habit of drinking.matter gose to police when his position become week they tried to get that house by every week coming to us for compromise and they saw when it was not possible her husband started hitting her everyday ,threatening us every day for that house,through other persons,where we were not concern with that house. . We have lodged so many police complaint against him for violence and asking her to left the home,but it is of no use

Inlaws of sister filed case in civil court to get/claim that house ,there relation gets spoiled and situation become worst day by day.

Meanwhile the case of civil court was in our favour,because he has been asked so many question during cross and argument he replid and agree that I have bitten my wife,used abusive language to her,I am habitual drinkerand threaten her parents,brothers.They have brought stay on the sell of house which is in the name of my sister.

Now they are staying separate since last 2 years,because of day to day quarrel and his violence,and threating her with dire consequence.

One day we heard his husband commited sucide by consuming poision.Inlaws filed complaint against my sis and parents that they have police lodge complaint against sister and other family member that they have threaten him for the house own by sister and lodged complaint under s/c.306 of IPC

Please suggest what to do,

We have taken bail and the case is in session court.can we make an application for dismiss the case because it is false case.

Can you please give any case laws on IPC-306 on the ----

Waiting for suggessation

Thanks.

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3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 September 2008

Mr. Dinesh Singh,

sec.306. Tender of pardon to accomplice.

Sec. 306 (1) every person accepting a tender of pardon made under this sub section (a)shall be examined as a witness in the court of magistrate taking cognizance of the offence and in the subsequent trial, if any;

(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.