Around 75 days back, my sister was killed by her in laws and thrown in river after the 5 years of marriage, they said that she did suicide. case was registered by local police under section 304b after agitation done by us we have paper cuttings and videos of agitation with us, even only her husband has been arrested by police on account of our agitation as her in laws are influential people , local municipal counselor of ruling party. Now police is trying to kill all evidences and converting the case into suicide no charge sheet has been filed by police yet, no investigation has been done properly. other accused have filed the inquiry with local DSP. 1. Will it be advisable to file a petition in high court to arrest them and to handover the investigation to CBI. 2. What is the probability of getting the case handed over to CBI in such cases , because if case is again handed over to police then again nothing will happen again police will be in their favor. 3. What are your personal suggestions in our case to get the justice.
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1) you can file petition in HC for handing over case to CBI if no proper investigations are being done
2) in said petition mention that accused parents are influential politicians belonging to ruling party and police are not carrying out proper investigations
3) court will seek report from police as to investigations carried on till date
4) if HC is satisfied it may hand over case to CBI or direct investigations to be completed within specified period
Hi, Wait till filling of the Charge sheet, now the investigation is going on and it is not a appropriate stage to file a petition in the high court.
2. Once the police has completed the investigation and files the charge sheet then you can think over what appropriate steps can be taken.
Thanks Mr Ajay, You have always been a fastest respondent to all my questions, i really always like your feedback. One more important question regarding the said case that her in laws are making a story that after jumping into the river , her body started floating after 5 minutes and someone has seen the body floated , and body kept floating and travelled 45 km in just 6 hours, and they recovered the body very easily. so i want to take your opinion that what Modi Medical jurisprudence says about that. can body float immediately after jumping into the river. Please reply its very important evidence for us.
human dead body initially floats on water due to the buoyancy created from the air remaining inside its lungs. Once this is replaced by water, the body begins to lose its buoyancy and eventually, sinks. This is followed by a subsequent bacterial decomposition of the organic matter in the body which tends to produce gas (or gases) as a by-product. Due to these produced gases, the dead body regains its buoyancy, and hence, rises up to the surface.
1. File a writ petition before the high court against the police inaction and also for destroying the evidence being influenced by the accused having access to the local political party in power praying for handing over the investigation to CBI.
2. If you can submit irrefutable evidence of destruction of evidence by local police you have a very fair chance that the investigation will be handed over to CBI.
3. Media play an important role in such cases. So, apart from continuing your legal battle, arrange for publication of regular dose of investigating journalism exposing the police and also the accused.
4. Engage an experienced lawyer having expertise in this field to deal with the matter.
1. Post Mortem reports in such cases are very important.
2. Ordinarily, a body drowned in water can not float after 5 minutes of drowning.
3. However, post mortem report ( if taken unbiased way) will conclusively tell the cause of drowning.
4. Let the argument of your lawyer be prepared basing on the post mortem report.
1. In these circumstances you should move the High Court immediately to transfer the investigation to CBI. If police succeeds in destroying evidence then even CBI will not be able to get the accused convicted.
2. If you can convince the HC that police has not investigated the matter in a free and fair manner it can hand over the probe to CBI.
Modi'S Medical jurisprudence is immaterial to the limited plea of transfer of investigation. It will come into play only during the trial.
1. Will it be advisable to file a petition in high court to arrest them and to handover the investigation to CBI.
If you suspect that the police will not get justice for you then you may file a petition before high court seekig its direction for CBI investigation.
2. What is the probability of getting the case handed over to CBI in such cases , because if case is again handed over to police then again nothing will happen again police will be in their favor.
The curt will decide about it based on the merits of teh case and how far you you produce some substantial evidences and argue strongly in favor
3. What are your personal suggestions in our case to get the justice.
You can approach high court with a petition mentioning the reluctant attitude of the police in conducting the investigation more so due to the influence and interference of the politically influenced accused side people.
One more important question regarding the said case that her in laws are making a story that after jumping into the river , her body started floating after 5 minutes and someone has seen the body floated , and body kept floating and travelled 45 km in just 6 hours, and they recovered the body very easily. so i want to take your opinion that what Modi Medical jurisprudence says about that. can body float immediately after jumping into the river. Please reply its very important evidence for us.
This has got nothing to do with medical jurisprudence.
It i related to medical science.
You have to prove your statement before court as to your suspicions about such technical things and also based on the witnesses.