My sister in law committed suicide in front of my home and she died after 1 week . Her dying declaration states that because of my parents and my 2nd brother she committed suicide But I suspect my elder brother ( deceased husband) is the reason to make her commit suicide for taking revenge on us. I want to track my sister in law s and my brother phone call s of that incident day. May I know what is the procedure for this ..Please I need ur advice
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My 1st elder brother filed a civil case for permanent injunction after 1 month of his marriage. Parallel he made his wife to file a caste and dowry case against us. In domestic violence court . They both demanded money of 5 lakhs as compensation that they will leave the house and withdraw all the cases. But only my sister in law withdraw the case and vacated my house . My brother cheated us by not withdrawing civil case and again he started to re occupy the place . So we locked the house and went to rented house . In my house ground floor my parents and 2nd elder brother running a business . Their survival is completely dependent on the business . So only for business purpose they used the ground floor of the house . My 1st elder brother and his wife made lot of disturbances by bringing policemen in to the house telling that their things are inside. My dad strictly said that if he has court order then he can enter into the house. Meanwhile my dad made settlement deed half on my mother and half on me. This decision made them angry and he made his wife to commit suicide in front of my home . That time only my dad was in the shop. We all were in my rented house. She came with two policemen.while my dad was in conversation with the two policemen. She poured the petrol what she brought and set fire on herself
This incident took place on Nov 29th . It was under 309 . Where the fir is filed against deceased . She stated the incident exactly what happened .only thing hidden in the fir is two police men was not mentioned and she used petrol . But in the statement it is given kerosene. Please i need ur advice I want to save my parents and 2nd brother from this case . Please help me by giving ur valuable advice
1) police will conduct investigations
2) they would obtain call records from service provider
3) if your SIL has called your brother ie her husband number of time during the day exchanged messages etc police will question your brother regarding said calls
4) you cannot track your SIL / brother calls for the said date
She died on Dec 7th . But to the magistrate she gave her statements on Dec 3rd night that my father poured kerosene on her and my mom fired her. They were arrested under 309 , 306 and sc/ st act.
on basis of her dying declaration police will charge your parents and brother with abetment to suicide .
2) you should in defence rely upon fact that settlement was arrived at with her and Rs 5 lakhs paid to her and she had with drawn all civil case filed by her
3) when policeman came with sister in law your father only asked for court order and there is no abetement to suicide by your family
But I suspect my elder brother ( deceased husband) is the reason to make her commit suicide for taking revenge on us. I want to track my sister in law s and my brother phone call s of that incident day. May I know what is the procedure for this ..
There are various devices available in the market for tracking phone calls.
But your question is that how will you get call records of your sister in law on a particular date?
You can write to the service provider to furnish the details of calls made on that phone on that particular date, they may or may not cooperate, there is no legal binding or obligation on their part.
This incident took place on Nov 29th . It was under 309 . Where the fir is filed against deceased . She stated the incident exactly what happened .only thing hidden in the fir is two police men was not mentioned and she used petrol . But in the statement it is given kerosene. Please i need ur advice I want to save my parents and 2nd brother from this case . Please help me by giving ur valuable advice
If the case was registered under section 309, then the deceased only has to be blamed and not others.
But if the police is trying to implead your brother, he has to fight it out on merits based on the facts and the incidences that took place that day and gather witness to defend himself.
She died on Dec 7th . But to the magistrate she gave her statements on Dec 3rd night that my father poured kerosene on her and my mom fired her. They were arrested under 309 , 306 and sc/ st act.
It is not a dying declaration because she died four days later.
It is just a statement made by her before her death.
The accused should defend themselves based on the witnesses on their side and by proper challenge of the case before the trial court.
1. You may get the call records of the particular day through court orders but you cannot obtain the specific conversation. The service providers do not record the actual conversation unless there is a binding legal obligation such as a court order or from an investigating agency.
2. The offences slapped against your parents are very heinous which carry life imprisonment,so contest the case properly.
