FIR registered under section 304B agst 4, police arrested one person , Police submitted the Interim challan against one only under section 306, we approached for SIT, SIT converted the sections into 304B against two, but did not arrest second accused till now. Charges of 304B in court framed against one . Now case is pending for prosecution evidence. I am the complainant and . My Lawyer suggested to not to give statement and let the doctors give their statement first. I cldnt take the summon as i was away and policeman suggested me to appear on next date and take summon on the same date. My questions are:- 1 is it necessary to appear on the same date as suggested by police. 2.Is it possible that doctors give their statement before the statement of the complainant. 3. How long i can postpone my statements in court, can it any have adverse impact on our case. 4. Who else can be summoned apart from me for the prosecution evidence. 5. How can the proceedings be initiated against other 3 accused.
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Lawyers are available now to answer your questions.
You are the complainant in the case . You should appear on the next date and take the summons
2) you are the main prosecution witness you should appear at the earliest
3) you ca file protest petition before magistrate and seek reinvestigations if name of other 3 accused has been dropped
1. Since you're the complainant your evidence would be recorded first. I am not sure why your alwyer has asked you to postpone recording your evidence.
2.Yes it is possible but the statement of complainant must be recorded first .
3. If you avoid the summons then warrant of arrest would be issued against you.
4. The witnesses whose names are appearing in the charge sheet.
5.Ask the court to declare the absconding accused person as proclaimed offender.
1. Yes, you have to appear before court on the date of hearing accepting the summons the same date also.
2. It depends on how the police put pressure on them.
3. you cannot postpone your statement if you are present before court.
4. The other listed witnesses.
5. The court will take care of it, the police will answer suitably.
