Hi, the first thing to do is to try and convince them to settle the matter and withdraw the complaint .. If they are admant and refuses to do so , then first file for anticipatory bail , so that he should be safe from arrest .. Hire a good lawyer in your city , and face the trial .. it will be more convinient to guide, if you can mention the FIR contents
My friend is accused of attempt to murder
Hello sir/madam, My friend was forced to have an engagement with a girl by his maternal uncle and family. After engagement on that night his uncle came to his home with a bottle of alcohol in his hand and offered my friend to have that. Uncle was already drunk. My friend also started drinking and they had some arguments. As my friend was already frustrated he got angry and hit uncle with that bottle. Unfortunately the bottle hit uncle's head. It was not intentional. Uncle was then taken to hospital immediately and was in ICU for 15 days. Now uncle is completely fine. My friend talked to them for mutually withdrawing the case but they are not ready for it. Now the summons came and court hearing is on October 3rd. I don't know what should we do now. Please give some good suggestion how to come out of this. Thanks .
Asked 6 years ago in Criminal Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
11 Answers
you can take defence as granted in the IPC, wherein consumption of alcohol at the time of committing crime is a defence also taking action in a fit of moment is also a defence.
I suggest you to contact a good local criminal lawyer, who can see the FIR and other documents and can guide you properly.
Regards
1)engage a local lawyer and contest the attempt to murder case
2) apply for and and obtain bail from court
3)criminal trial would take 10 years to be disposed of
4) burden of proof is upon prosecution to prove the allegations made in FIR
Dear Concerned,
Your friend need to appear on this date and apply for bail from the court, DO NOT MISS THE DATE. You may choose to settle mutually but as this is not the case your friend need to face the trial.
Your friend may choose to file quashing of the case / fir in the High court concerned on the basis of delay in complaint . fir and intentions to harass etc by the complainant.
Best of luck
So what will be our strong points in this case?
Asked 6 years ago
1) your defence should be that you have no intention to murder your uncle
2) both had drinks and in fit of anger lifted the bottle and inadvertently hit uncle
1. The offence of attempt to murder under 307 IPC is non-compoundable, meaning thereby that it cannot be compounded.
2. If a compromise has been reached then a petition for FIR quashing may be filed jointly by your friend and his uncle in the High Court whereupon the court can quash it. This is the only remedy available.
Intoxication as defense:
In order for a person escape liability under S. 85 of the IPC on grounds of involuntary intoxication he must be able to fulfill the following three conditions:
a) The person should be incapable of knowing the nature of the act.
b) The person should be incapable of acting and thinking in a responsible manner and in all possibility isn’t aware that his act is prohibited by the law.
c) The source of intoxication must have been given forcefully or someone should have induced the person to consume it.
AND Rest will be with regards to the heat of the moment.
Regards
Intoxication as defense:
In order for a person escape liability under S. 85 of the IPC on grounds of involuntary intoxication he must be able to fulfill the following three conditions:
a) The person should be incapable of knowing the nature of the act.
b) The person should be incapable of acting and thinking in a responsible manner and in all possibility isn’t aware that his act is prohibited by the law.
c) The source of intoxication must have been given forcefully or someone should have induced the person to consume it.
AND Rest will be with regards to the heat of the moment.
Kindly share the FIR details and the investigation report as the defence is made upon these two documents only
Since the incident has been reported to police and a FIR has been registered, your friend canot take any excuse to this.
He has to obtain bail and then fight the case properly in the trial court.
The victim will not come for compromise so soon, but as the trial goes on for several months, the victim may think about it and come for a compromise after which the case can be closed as per law.
So what will be our strong points in this case?
The inebriated mood or highly intoxicated shall be the strong reason to defend but this will not stop him from being punished if found guilty.