• Murder case

1.	MY Sister married in Nov-2011, gave birth to first child daughter in 2012.everything was going well.
2.	In 2014 , my father and mother transferred rs. 300000-00 in her account, 150000-00 from each account as demanded by daughter on account of demand made by her in laws. Full amount 3 lacs transferred to Her husbands s brother account.
3.	My father expired 2014.
4.	Her salary was also going to her husband s brother s account from her bank account for the period 2014-15 , around 80000 transferred in said year. 
5.	She gave birth to second child baby boy in 2015, after that things got disturb with her husband small disputes, and but she never disclosed her problems to us.
6.	Again one lac demand by her asked us to deposit 1 lac into her husband s brother s account, we transferred 55000 by neft and 45000 by cash. After some time received 55000 return from her husband s brother s account to my mother account as she told us to withdraw 55000 and give further to her bother s sister , who is locally married. We withdraw and gave the money to her husband s sister. 
7.	She died in suspicious circumstances in October 2016, her in laws alleged she jumped into the river. But we registered the FIR under 304B, 34, 120B. against her husband, her mother in law, her brother in law (dever), her sister in law (bhabhi).
8.	Police only arrested husband after agitation done by us. And local DSP announced, her mother in law, her brother in law (dever), her sister in law (bhabhi) innocent. And submit the challan under only 306 against her husband.
9.	We approached higher police officers, they asked local police to submit the interim challan , meanwhile and formed the SIT for further investigation.

Queries:- 1.) cant the amount rs 300000-00 transferred in 2014 from My sister s (deceased) account to her husband s brother s account be treated as dowry i Further cant the salary of my sister transferred to her husband s brother s account be treated as dowry or proof as restricting her financial freedom and harassment ?
2.) Amount rs 55000 and 45000 transferred to husband s brother s account not sufficient as dowry proof, cant he her husband s brother be guilty under section 304b. 
3.) what should be our next course of action to get the all accused punished , can the SIT again arrest accused once released by DSP in inquiry . 
4.) can we get the possession of the her children. if yes then how.
5.) can her husband get the bail , even if police interim challan under section 306.
Asked 7 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

3 Answers

1) in your statement to police you should mention that Rs 3 lakhs was transferred into your sister account as per her request on account of dowry demands made by in laws which in Rouen was transferred to her brother in law account

2) further sister was forced to hand over her entire salary to her brother in law as per husband instructions

3) SIT can arrest the accused after investigations

4) your parents can apply to court and seek custody of their grand children

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

Dear Concerned,

1. Yes as the money was transferred from your parents to your sister -and later to in laws - this will be treated as dowry

2. Yes as the money was trasferred to the brother account as well it would be counted as dowry but you would need to be prepared with answers of the money transferred back to your account (that was paid to sister)

3. Yes SIT can arrest

4. You would need to file Custody case - your parents need to file. Chances seem good as the entire family has been accused of Mother's death.

5. Subject to the documents and proofs on record - there may be chances of getting bail.

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. The amount transferred to husband's brother's account has to be proved and pleaded as dowry demand met, you have to instruct your advocate to plead properly on this count.

2. Her husband and his close relatives are to be booked under various laws including abetment or murder, if the local police are not cooperating properly and are trying to avoid to include his mother and brother, then you may file a petition before concerned magistrate court to direct re-investigation under section 173 (8) cr.p.c. and initiate proper action against all culprits to get justice to your deceased sister.

3. The SIT would initiate action as per law, the person already enlarged on bail may not be arrested again but the others may be arrested.

4. You can file a child custody case to take custody of the children citing the pending criminal cases as reason.

5. You can file an intervenor petition with strong objections from your side for grant of bail to him, then the bail may be delayed.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer