• Unfairly policies included my younger brother U/S 307- please provide necessary suggestions

My younger brother name is SAI(A2) studying degree 2nd year. He has a friend named KARTHICK studying b.tech 2nd year. KARTHICK(A1) had a friend who's girl friend is studying MBBS, she is being teased by his CLASSMATE named GOUTHAM. A1 friend asked him to give a warning for GOUTHAM to not Tease his girl, as he is staying very far from local place. A made calls to him & talked about and they had conflict on calls which are recorded by GOUTHAM. GOUTHAM is staying in a hostel & made a plan to beat A1 & called him for like 80 times in same day and asked him to come to a stadium to talk.
A1 before going there made call to my brother SAI & other 4 guys. GOUTHAM came with pre plan and his 6 other friends been hide away & videoing from back. those 4 guys of A1 who came didn't listen anything they came & beat GOUTHAM 1 guy with a stick while A1 & SAI is trying to stop them and GOUTHAM friends came out from hiding and everyone ran off from there including A1 & SAI. GOUTHAM sustained a small head injury & scrache in hand.
GOUTHAM & his friends taken this incident as somebody beat us and ran off. their college seniors taken pics of their wounds & whatsapp to "SP". SP ordered SI of our consider police station to catch the suspects. polices was hiding at KARTHICK house where SAI too came to drop him at home. polices catch sai also where he said.. he has nothing to do with anything. i just came when karthick called & i don't know anything about that. but, polices insisted & given word to SAI it is just proceedings u can go to your home just come to station onces. they went to station where almost 
30 members from college came & try to hit them. according to my BROTHER & KARTHICK it is came to know that they given money to SI to don't leave them. other 4 friends of KARTHICK absconded.
They where kept in police station for 3 nights.. in 1 night my brother suffered a severe stomach ache & we all Indians know how police treat civilians in INDIA. for everyday tiffin,lunch & dinner we has to take for them. where polices gives mental touches for money or to get something for them.
Next day of Night when my brother SAI got stomach ache they submitted case to court. where court given remand for 14 days.
REMAND REPORT- this report is very much comedy... it is really a very good story and it goes like this : KARTHICK (A1) & SAI (A2) others from (A3 to A6)
 A1 armed with a stick and saying "kill him he is teasing girls" & tried to kill him while A2 to A6 caught & beat him.
 INVESTIGATION report in that - I received credible info. about accued A1&A2 and left police station @10.15 hrs nit with my staff , reached railway station @10(please see timings) and accused are standing in front of railway station and waiting for train. on interrogation they admitted the offence . 
which is completely false- my father is cheated by a lawyer who not a really crediable. on 7th they are again remanded for 14more days.

WHAT TO DO KNOW ? please help
Asked 8 years ago in Criminal Law
Religion: Hindu

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8 Answers

1) if your brother bail application is rejected by lower court he should appeal to sessions court for being released on bail

2)under section 307 IPC The nature of the weapon used, the manner in which it is used, motive for the crime, severity of the blow, the part of the body where the injury is inflicted is all taken into consideration to determine the intention”of accused

3)your brother should take the plea that he did not assault Goutham and had no intention to kill him

4) that he was not carrying any weapons

5)that he is college student having no criminal antecedents

6) that he is not likely to abscond if released on bail

7) that he will not tamper with evidence

8)contact a senior lawyer in your city

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It is not clear if any Medicalinjurty report is there or not.

If the case is false then such MC is likely to be missing in the case diary in which event the bail should have been granted long back.

The inept handling of the case makes it worse further.

Hnece it is advisable to engage some skilled advocate and apply for bail in high court which is more liberal in granting bails.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

This is a Non-Bailable, Cognizable offence and triable by Court of Session. Using the weapon (individually or being in a group) is of a serious offence. It is not as easy as you are speaking. I hope the FIR will be, not only with Sec. 307 but also with other sections like abatement, Common intention, Conspiracy etc., So sam has to file the regular bail in the session court or if not granted, then he can invoke same court or High Court after lapse of certain time. If charge-sheet is not filed within 60 days from the date of arrest then accused is entitled to statutory bail is under section 167 Cr. P.C.

You need not worry much about the merits of the case at this stage because the prosecution has to prove its case beyond reasonable doubts, If you feel having lodged false case, let your lawyer to prove it during the trial.

So wait for taking bail from session court or High court..And contest the case during the trial time

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

The FIR loudged by the opposite party under this section which is cognigible offence and the arrest is must but the police had to produce the arrested accuse with in 24hrs of their arrest to the court for remand.

Your version of the story should be proved in the court at the time of bail application and this will definitely be opposed by the advocate of the opposite party.Depending upon the injuries nature and FIR bail is granted ,but if not you can move to High Court

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

It is evident that investigation is bald and against the principle of free and fair justice. You should file a petition before the high court under section 482 of the code of criminal procedure for quashing of the police investigation. There are so many contradictions and it's need to be examine carefully, when police officer acting in such way therefore interference of Judiciary is needed. When you file that petition then the high court will examine the current evidence collected by the police officer during the investigation and if Court finds that investigation is not fair then court will quash the investigation and direct the judicial magistrate  to supervise the re-investigation. If the high court finds that FIR is false then the court will quash the FIR and stop the investigation immediately.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Hi

Hire a good criminal lawyer.

Donot take 307IPC lightly , try convincing Karthic for compromise.

First of all change your lawyer and apply for regular bail.

Karthic must be having severe head injury otherwise 307IPC would not have been applied.

Attempt to murder depends mainly on doctor's opinion.

So ask Karthic for compromise, if he agrees then go for FIR quash.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hi, since the section 307 is a very serious offence , the bail may take time .. It is advisable , to file regular bail in high court as lower court will not grant relief easily in such offences .. The merits of case depends upon the contents of FIR , which is a matter of trial .. However it is advisable to compromise with the other party of the are willing to do so .. You can also appeal in high court under section 482 Crpc to quash the FIR ..kindly share the FIR

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Since all have been remanded, first get them enlarged on bail and after that fight the case properly in the trial court.

Once they are enlarged on bail;, you may try to arrive at a truce so that the defacto complainant may withdraw his complaint and a compromise may be arrived between them.

This would enable them to avoid unnecessary criminal records on their names which may hamper their future and career prospects.

Wise decisions at right time would save your future prospects.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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