LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Samreen (None)     04 January 2011

Urent: Suicide case witness being harassed

Hello,

My brother in law (Anil) was working in mumbai in a firm on a temperory basis since he was out of job due to recession. During this job he came across a female colleague who used to stay close to his house. Anil had also hired a driver for official work who did not carry a cell phone. One day, the girl called up Anil and asked him to come to his place because something had happened to her husband and she needed help.

Anil immediately went to her house with the driver and witnessed that the girl's husband's body is on the floor with a rope in his neck. Upon checking, he was already dead. They called a doctor who declared him dead too.

An FIR was filed by guy's parents since they doubted that the wife was somehow involved and she had led him to commit suicide. They took Anil's , driver's and 2 house servant's statement and let them go. The girl messaged Anil the next day that she wont be able to carry on the job and is leaving for delhi the next day. She was unusually calm for someone who had lost her husband this way.

After some days, Anil got a job in Bangalore and moved there while his wife and mother stayed in Mumbai till his wife got a new job in Bangalore. During this time, the guy who comitted suicide, his maternal uncle (chacha) came to Anil's house one day, very late in the night and harassed both the ladies. he told them that he had been keeping an eye on their house for sometime and also knew where Anil's wife worked and that she had not driven her car in last 3 days. Anil spoke to him on the phone and requested him not to trouble the ladies since they have nothing to o with the case. he was only helping out and had co-operated with the police and given his statement.
 The chacha did not belive him and wanted the driver's number, which Anil cdid not have since the driver never kept a cell phone. The chacha got the case re-opened after a few months and since then Anil has received 2 summons from the Police to appear for interrogation. Anil is scared this time since police uses rough methods and he belongs to a respectable family and wants to get out of the mess.

Kindly advise what are Anil's rights here as a witness and what all action can be taken against him if he does not appear?

Also, can the police arrest him even if there is no evidence against him? How should we proceed in this matter? He is a career-oriented person who works in a reputed private company. This case or allegation can ruin his career and life. Please somebody help and advise.



Learning

 3 Replies


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09960223100, 09271971251

e.mail.nandkumarbs@sify.com

e.mail.advocatesawantnb@yahoo.com

REGARDING THE SUCIDE CASE AND STATEMENT OF WITNESS AND HARASSMENT FROM INVESTIGATING AUTHORITY,KINDLY NOTE THAT.

1.THE SAID PERSON WAS CALLED AS WITNESS AND HIS STATEMENT WAS RECORDED BY POLICE.

2.KINDLY NOTE THAT CHARGESHEET MUST HAVE BEEN FILED AND CASE MAY BE FOR EVIDENCE OF WITNESSES.

3.KINDLY NOTE THAT SEC.306 OF INDIAN PENAL CODE COVERS PROVISIONS OF OFFENCE OF SUCIDE. IT IS A SESSIONS CASE AND HENCE WHENEVER THE SESSIONS CASE IS SCHEDULED FOR HEARING ALL THE WITNESSES WILL BE CALLED TO ATTEND THE COURT BY SENDING THEM THE SUMMONS OF THE COURT TO APPEAR BEFORE THE COURT ON GIVEN DATE TO GIVE EVIDENCE.THESE SUMMONS ARE SERVED ON THE WITNESSES THROUGH THE AREA POLICE STATION WHERE THE SAID WITNESS IS RESIDING.POLICE WILL CALL THE SAID WITNESS AND TAKE HIS SIGNATURE ON SUMMONS OF THE COURT AND INSTRUCT HIM TO APPEAR BEFORE THE COURT TO GIVE EVIDENCE. ON THE GIVEN DATE THE SAID WITNESS HAS TO APPEAR BEFORE THE COURT AND GOVT LAWYER WILL EXAMINE HIM IN CHIEF AS WITNESS AND AS PER THE STATEMENT GIVEN BY SAID WITNESS BEFORE POLICE ,COPY OF WHICH IS IN THE CHARGE SHEET OF THE CASE HE HAS TO TELL FACTS.AND THEN THE ADVOCATE OF ACCUSED WILL CROSS EXAMINE THE SAID WITNESS BY ASKING HIM QUESTIONS TO PROVE INNOCENCE OF ACCUSED.

4KINDLY NOTE THAT IN CASE DUE TO SOME UNAVOIDABLE CIRCUMSTANCES THE SAID WITNESS CANNOT BE EXAMINED ON THE GIVEN DATE THEN COURT WILL REISSUE SUMMONS OR INFORM THE SAID WITNESS BY TAKING HIS SIGNATURE TO APPEAR IN COURT TO GIVE EVIDENCE ON NEXT GIVEN DATE.

ONCE THE SAID WITNESS IS EXAMINED IN COURT ,THEN HE WILL NOT BE CALLED AGAIN.PLEASE NOTE.

BUT IN CASE SUMMONS IS SERVED AND RECEIVED BY SAID WITNESS TO APPEAR ON GIVEN DATE IN THE COURT AND SAID WITNESS REMAINS ABSENT ON THAT DATE ,THEN COURT WILL ISSUE WARRANT OF ARREST OF SAID WITNESS AND ORDER THE POLICE TO PRODUCE HIM BEFORE THE COURT TO GIVE EVIDENCE. THIS IS PROCEDURE HENCE ALL WITNESSES  WHATEVER MAY BE THEIR STATUS OR POST HELD BY THEM ,THEY MUST APPEAR BEFORE THE COURT IN RESPONSE TO SUMMONS OF COURT FOR GIVING EVIDENCE.

YOU MAY WRITE OR SEND DETAILS OR CALL FOR ANY FURTHER HELP.GOOD LUCK.

YOURS SINCERELY

NANDKUMAR B.SAWANT.ADVOCATE

Samreen (None)     04 January 2011

Thanks for the advice Mr. Sawant. i would like to tell you that Anil has going to appear in the date given in the summon. However, can police still arrest him or keep him in custody in the name of interogation? also can they use torture or rough ways to force him to confess to the crime or trap him falsely? do u think an anticipatory bail can give him protection against unnecessary exploitation? what should one do in such  a case? Should we take our lawyer along and take anticipatory bail in advance or simply appear as asked and give the statement?

I am asking these questions because the guy who comitted suicide is very angry a the girl and is hell bent upon sending the girl to jail under section306. He also called Anil to co-operate wih him in getting the girl punished. Anil said that he will be happy to co-operate but will not lie to convict the girl. After which he threatened Anil also that if he doesnt co-operate, he will also be in trouble. Please advise.

Samreen (None)     04 January 2011

Sorry i missed writing that it was the deceased guy's father who threatened Anil to do as he says..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register