Dear Shonee, Prossan..(and other active members) Need advice on this case.
Myself living in one of city in ncr and wife in another city of ncr. she is a govt servant. married in march 09. before marriage they assured us that they will get the job transferred to an office near to our place.but it never happened and after marriage wife compelling me to leave my family and live with her near her office. she started rebuking my famiy members that they are not good to her and that she want to live separate. SHE USED TO COME TO MY PLACE ONLY ON WEEKENDS. AND CONTINUED TO LIVE AT HER PARENT'S HOUSE WHOLE WEEK. Month after month our fights get worsed and ended up in a physical one in september-09. Her cousin called me up after that and threatened me that do whatever my wife says otherwise i and my family have to bear the result(he is very very rich with very strong political connections) and asked me to write on a piece of paper that i beat my wife after drinking alcohol and that i will not repeat this and had this paper signed by me and my mother.it read something like this, I, xxxx, s/oxxxxx,r/oxxxxx have come to xxxxx(my fil pace) to get my wife back .........and he promised me that he will get my wife transferred to near our place after that. just for the sake of compromise and to save my family i did that. but after that too they didnt start transfer process and my wife continued to stay with her parents and come to my house only on weekends. hence, our fights continued. again in dec we had a massive fight (physical too). next day when i left for office she called her relatives around 10am. they started rebuking my mother and sister in law(my younger brother's wife). my mom and sis in law were on first floor and my wife and her relatives at ground floor. they were threatening both of them that all your family will face the results. some how my mom called me up and i called the police that my wife's relatives are harassing my mother and sil. the police came and as knew earlier through bribing and connections got fir against me and my mother in the evening around 5pm 498a, 406, 323, 506, 307, 34.for in the complaint (shown in fir) she alleged that we rebuked her for not bringing enuff dowry and that she ask her a car and 2lakh rupees. that in sep we had a meeting and me undertakend that i beat her after consuming alcohol and things were settled. that in dec i again beat her and tried to kill her by forcibly putting blanket on her face. i was in lock up for 3 days and then jc for 13 days then got RB after that mother got AB. now the chargesheet is produced and next hearing is in july-10.we never asked any dowry and fights were for our living with family only.

pls advice me as to how to go further with the case.

Bob,

Now it is the questions of merits of the case and also the need of a good lawyer for cross-examination.

Regards,

Shonee Kapoor

my colleague (ex police officer) told me not to admit that you physically hit her not even to your lawyer and i did the same is it right or wrong?

howcome can a lawyer on cross examination can prove that dowry is not demanded when only victim and her relative's verbal complaints are considered as proof of dowry demand. same way their lawyer also can on cross examination prove that i hit her. in that case ill get jail term? what abt my mother who never had fight with her but her name is also included.

Lawyer can bring enough doubts in the stroy of the prosecution during Cross-Examination.

shoneek can u pls answer all my questions i posted earlier?

Bob,

Your questions are speculative and need understanding of cross-examination. It can not be described in one post only.

If there is any specific query, I can try to address it.

Regards,

Shonee Kapoor

it seems i am the only person here who has actually hit his wife and that too twice. above that girl has this as in written apology by me. hence, i feel like m going to get conviction and scared.

Relax Bob,

If you have hit the wife, it is deplorable. However, the same may attract other provisions of Indian Penal Code and not 498-A and 307.

About the written apology, that may or may not act against you.

If you fight your case properly, you can come out of 498-a/ 307 charges and get convicted in 323 etc. in which you can get released on probation of good conduct.

Hence, don't fret and concentrate on fighting back with all available resourses.

Regards,

Shonee Kapoor

it seems dv act is more serious, but that is not charged against me (atleast not in fir, hv not seen chargesheet yet) what might be the reason to opt for 323 and not dv?

Bob, my friend,

Don't mind my saying so, you first need to do some homework by studying various postings on the forum.

DV is a seperate case.

307 is bigger than 323. The court can convict for lower offences if made out, instead of higher offences.

323 = Voluntary Hurt
307 = Attempt to Kill (Can also be read as Voluntary Hurt caused with an Intent to Kill)

Regards,

Shonee Kapoor

dear
you only acted under the influnce of alcohol. If you had physical contact without her consent during a arguement or commotion then you only acted at spur of the momment and it was a reaction due to your adrenaline rush. A recent study has been conducted regarding arguments between couples and this study looked at the biological response of fight and flight respone. The adrenaline rush to come back to its normal level after being raised high takes approximately 45 minutes.
If you put this in your context according to you the adrenaline is raised and kept at that level and further trigger ie a repeat of argument or commotion will soon raise the adrenaline and you may had physical contact.
Consider carefully to oblige to signing papers from other parties. Cool down and bring your adrenaline levels to appropriate body level and reflect upon what can be done next.

Hi Bob.
If u make effort ur case under section 498A will be dismissed.There was no dowry demand hence this case is not maintainable.Did she make any complaint to police abt. dowry demand??

.Is there any medical report about any physical injury on her body??If not ask ur lawyer to file 482 to quash the FIR. U have given it in writing that u would not hit her again...was it under pressure from ur inlaws??

Meeta

Bob

" i called the police"

if you called the police before lodging the FIR from your wife, collect the call details from service provider as well as from police department to show the FIR is after thought and concocted and it is TRUTH they were threatening and you are law abiding that's why you called the police.

"next hearing is in july-10"

you posted on Mon Jul 19, 2010 4:38 am please clear what happened on July 10 in the trial court, according 2 me- Charge Framing is a chance to have clean chit or file for quashing of Charge-Sheet atleast section 307 of I.P.C. before the High Court if 307 quashed it will show that IO is connived, biased and there is coerection, each word of FIR is important, check whether FIR consists the specific allegation against specific person, have time, date and place.

if you are innocent and have cool family, instal small CCTV with DVR without telling anyone, editing of CCTV recording may go against you, specific selected portion is not admissible.

Have copy of handbook of criminal procedure code, The Indian Penal Code, Costitution of India, latest editions with all amendments and commentary of reputed publisher and read atleast Index.

also download "Case Managment Manual" from Delhi District Court home page which is in PDF, know power and duty of I.O., Standing Counsels and Judges too, also if you located in Delhi, open Daily Orders of your trial court to cross exam. its other orders in other cases, after all it is setted law by Apex Court that summoning in crml. case is a serious matter, have copy of following Citations from Library

1 2008 [2] JCC 1040
2 VI (1998) SLT 102, Para 12, 28, 29,
3 151 (2008) DLT 784 Para 7, 8
4 (1977) 2 SCC 699 Para 10
5 138 (2007) DLT 535 Para 6, 7, 8
6 (2001) 2 SCC 221 Para 24, 25, 26
7 A.I.R. 1934 Patna 598
8 A.I.R. (33) 1946 Madras 538
9 A.I.R. 1932 Bombay 490

Have faith in GOD, with regards

'their lawyer also can on cross examination prove that i hit her. in that case ill get jail term?'

First of all, prosecution has burden of prove, after completion of entire prosecution evidence, you put defence evidence IF NECESSARY ( they sucessfully proved beyond reasonable doubt), which takes many years,
Public Procecutor will cross-exam your witnesses, any way consult your lawyer too 2 cross check,
i am not an advocate, have little knowledge because A Judge yet to born who knows law
where i am not even a lawyer, 307 in your case is not good thing,

if you are innocent, imposing 307 by them will damage the prosecution case, have faith in GOD

Law and Courts were formed for innocent and victims not for wrong doings....not to set the score, victim may be complainant or accused......even summoning is a serious matter in false crml. case..........try to do your best with clean hands.....

Hi first don't be afraid about presumed consequences. There is no evidence for you hitting your wife other than your letter. It needs medical certificates etc. You can always deny your letter saying that you did that under pressure and you just signed what ever they have written only with the hope that every thing with settle.
The other party will use all the possible black mailing tactics. Do not scumble out or pressure. You relaxe. Attend the court reqularly. Present yourself infront of the judge as an innocent and dont talk or disclose out of emotions. Keep calm. Hire a very good lawyer. You can come out of this mess easily. Remember there is always scope for appeal up to supreme court. Dont worry. Truth will win.

Hi Bob.

For legal process medical certificate(about you bead her) is required but our law process is such the have soft corner about this 498a B****.
Please do not afraid work hard and try to get each and every ture copy (from Right To Information) (of FIR etc) by her, which will definetly help you in fighting back.

ruturaj.

thnx all for ur suggestions.

m very frustated that the case in lower court is not going forward as it should go as per the knowledge i have gained from this site.

1. tday was charge imposition and my advocate was not present, his assistant was there. i told him to request deletion of 406 as there is no mention of demanding dowry back and refusal by us in fir. he did so but judge said that remand was requested by the police for recovering dowry only , so what if it was not mentioned in fir.

2. i was arrested on 02.01.10(but shown on papers 03.01.10) and was brought before magistrate on 04.01.10 and requested for 3 days remand as 1tv and 2 gold rings are to be recovered yet. my advocate said tv is already handed over to police and is lying in PS and rings given to mama and nana are gifts at the time of marriage not dowry but still judge gave remand for 1 day to recover these.rings were handed over to police in the evening of 04.01.10. as they were in punjab.

i was so sure till date that 498a will not be effective as per SC judgement material evidence is reqd. but after above 2 i dont hv any hope now

i was sure 406 will be suspended at the time of charge, but it didnt.

dont know howcome injuries are made in medical report. m totally hopeless now.

addl. details:
1. my first bail application was rejected as police opposed that ipc 307 is there and hence bail should not be given, later on doctors report 307 was deleted and i was given bail. 307 is there in fir but not in chargesheet. as per surgeon injury is simple in nature. as per medical report 5 injuries are there whereas she slept with me that night and there was no injury.

request u to kindly gimme some more suggestions based on above. next date is in sept-10.

Dear Bob,

In which sections of IPC, Court framed Charge. Whether announced speaking order? I think You can challenge under section 397 of Cr.P.C. in Revision directly in the High Court or Session Court, However also concentrate on Cross- Examinations of Complainant and Doctor and I.O.
Get copy of MLC, consult private doctor too,

Remember that after completion of cross of any material witness of prosecution, it is very difficult to re-cross examination of said witness ( However provion is available under section 311 of Cr.P.C.) so if you have ant letter, document or other opinion of private doctor, get copy of Medical books (have Original too) to confront the same to them during cross. if you dropped chance of confrontation, you may enter in defence to produce the same during exam. inchief.

Have hand book of Indian Evidence Act with commentaries but never show 2 your lawyer, showing such things to any type of professional, irritate him, without showing clarify that ideas got from Internet Friend if necessary. Never ask a witness regarding Vague allegation to clear date, time and place, it filled lacuna. have solid true strong grounds to ask 4 the motive behind the crml. complaint in cross. CROSS EXAM IS MOST IMPORTANT THING OF A CASE WHICH IS AN ART.

My own very practical experience is first of all ask such questions, answer is definately such as expected if not confront the witness's own documents, which contradicting the deposing, Mark exihibit, witness will answered remaining questions as required

thnx chemo

the medical report is from govt hospital where IO took after fir and hv injuries stated as

i) abrasion on on rt ear with blood clot 2x1cm, kvo, ent opinion

ii) sketch mark 2x.5cm on lt hand neck, kvo, surgeon opinion

iii) swelling on lips , kvo, surgeon opinion

iv) pain in shoulder, no mark, kvo, ortho opinion and xray

v) pain in back , kvo, ortho opinion and xray

as per my knowledge only 1 opinion of surgeon was taken that too for the allegation that i have forcibly put blanket on her face so taht she cant breath to kill her and the surgeon reported simple injury and hence 307 was deleted in Charge-Sheet

requesting kindly to other senior members like, poppinderji, shoneek, prasoon, and others to give their valuable advice.

Hi Members,

I read at lot of public forums that husbands are paying in lakhs as compensation to settle 498a disputes. My question here is that why can't they spend this money to bribe the system(police, lawyers etc.) to screw up the 498a wife and her family by implicating some false cases like 307 etc. Is it so difficult? Please advise.

you shall decide the budget for your fight on the basis of the amount of money claimed by these 498a bast...s. Because in either case you are forced to pay then why not pay against them.

These claims help decide the budget for war, and then ensure that they shall be grounded 2 feet under the ground.

dear all,

in my case 307 was there in FIR ,but removed from chargesheet as IO mentioned that he got opinion of surgeon and found that the wounds were normal.

as per me its the intention that matters and not wounds. In my case, i am blamed to forcibly put blanket on my wife's face to kill her.

can someone with knowledge throw some light and advise if this can be used later to weaken the prosecution.

Hi Bob,

Your understanding is wrong. Both Intent and Act forms an offence. An intent which is not carried out is not an offence.

Good that 307 is removed.

Now concentrate on defeating 498-a.

Regards,

Shonee Kapoor

Dear All

my wife was residing with her parents even after marriage(bcoz her office was close to their house, she was in govt job) and used to come to our matri-home only on weekends. our homes are around 80km apart. and she alleges that i and my mom used to beat her regularly for bringing car and 2 lakh rupees. she used to come late sat evening and used to leave early monday morning.

is there any judgement or can you pls guide on this scenario.

Bob, my friend,

This is just one aspect of the case.

Suppose there is such a judgement which is favorable for you as per your facts. And you find it today. What would you do?

Do you want to say that, just because you have a precedent (judgement by Higher court) in hand, the court would discharge you/ acquit you without going in the merits of the case? NO.

Please concentrate on fighting the complete case based on complete knowledge etc. Piece-meal solutions don't work.

If you are confused/ eager to learn/ hyper-active, please go through the detailed discussions on the forum and learn the basics of criminal law and how it is applied.

The use of Authorities/ Precedents/ Judgements is at a very later stage of the case. In case you want to find out, try www.indiankanoon.org and search for relevant judgements. It would help you.

Regards,

Shonee Kapoor

my fir on 2nd and returned all articles on 4th. the girl side only taken gold and everything else(furniture, appliances,utensils,cloths) still lying in PS (6 months passed)

Now in CS still 406 is there. My question is since in hv returned all the articles as per the gals list shouldnt be 406 deleted from CS?

If "every" article is returned, it should be deleted.

MY FIR for guidance pls:-

Respected SHO, sec-xx, city-xxx, Subject: Complaint letter for legal action against my husband xxxx and mil xxxxx. Sir, my name xxxx, r/oxxxxx. That my marriage was solemnized with mr xxxxx on xxxxx2009 at in cityxxxxx. i am working as working as xxxx in govt xxxxx.my husband is working as xxxxx in xxxxxcompany atxxxxxxx. after few days of marriage, i was beaten for one thing or the other. my mil used to support in this. she used to rebuke me that your father has given nothing in dowry. my husband and mil time and again asked me for bringing car. In august, they beaten me and sent me to my parents to bring car. Socially matter was settled at my parents house noxxxxx, at xxxxxxx in which my parents and brother and from my in laws my husbank and mil were present. both of them apologised in written for beating me and assured not to raise hand on me in future.I have got this written statement at my parents house. but after coming back, again both started beating me and warned me that if i tell anything to my family, he will kill my brother and father. time and again they used to abused me for my character and asked for money and car. I remained silent for the fear of danger to my brother and father's life. but yday xx.xx.2010 in the evening at 5pm i was beaten and said u will not give us money and car that i want to marry a girl named xxxxxxx. i was beaten with punches, slaps and legs. tried to kill me by putting blanket on my face. With much difficulty i ran to my mil on the first floor. instead of helping me my mil started rebuking me and warned me that if i will tell anything i will be killed. In the night around 2am i called up my cousin from my no xxxxx to xxxxxx and requested her to save me. my husband and mil will kill me. in the morning my father xxxxx, brother xxxxx, brother in lawxxxxxx, cousin sisxxxxxxxx and brother xxxxxxxx took me out of the room. i want tough action against my husband and mil. they have not only beaten me for dowry but also tried to kill me. i am attaching the list of dowry items.

pls help ...i hv posted my fir in my last post for guidance.

Bob,

what help are you expecting?

There are no incident except one xx.xx.2010 of Blanket, which is a matter of evidence. The same can be decided only during trial.

Regards,

Shonee Kapoor