• Abatement to suicide

Sir,
 In our bank (SBI) a sweeper committed suicide due to harassment of a officer. The officer had approached High court to squash the charge sheet and did not succeed, as the death note was strong and after trail for 4yrs, he has been now convicted under 306 and got a 3yrs SI term with 50k fine.

Now he is appealing High court to dismiss or reduce the charges. Sweeper wife is blind and has two children to take care, they are in lot of financial difficulties. The officer is not will to compensate her. I have some some questions on this

1. Can he get away in High Court, what we can do see he is punished? 

2. If he now agree to compensate the family, can she withdraw the case? or she has no options to withdraw? the case has been booked by the state.

3. Can she ask her Employer for compensation as this was done by a officer of the organisation.

4 As the officer is convicted now, will he be suspended?.

5.What more pin pricks we can give the officers so that he considers settling with her.

What are her option in the court now? have judgment copy and other papers?
Asked 6 years ago in Criminal Law
Religion: Hindu

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10 Answers

1. See based on the record below if there is strong evidence against him in trail court he cannot get away with the same.

2. No case cannot be withdrawn. The state is party and shall be opposite party in appeal after conviction the case cannot be settled and withdrawn.

These are grave charges.

3. Yes also person was employed in the organisation.

4. Yes he will loose his job,

5. See if succeed in appeal that is chance after there is judgement evidence is recorded no chance of out of court settlement now. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Yes officer punishment can be reduce if he pay compensation amount through court to sweeper family.

 

2) It's totally depends upon management to suspend or not as he was performing the duty of officer as per rules and regulations prepared by banks. So suspension order should be passed against him.

 

3) I can provide you citation/ judgement copy of SC or HC.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- YES, there is possibility to acquit as well, but it based on evidence produced by the officer in trail Court.

- In a criminal case , withdrawn not possible, but it may be settled/compromised , if officer agree to compensate to the family of the deceased.

- No, Organisation is not responsible for any criminal acts of it officer .

-  YES, the officer will loose his job due to conviction, but if acquited by the higher court, then he will regain his job as well.

- Judgement always favours the evidence. Approach his lawyer for a better judgment , There are numerous judgement , where employee aquited in the above mentioned cases . 

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

He needs to appeal on merits. On compassionate ground hc may reduce the sentence but if on merits may acquit too

If compromise happens joint quashing is done sometimes court allows it sometimes no. 

Yes she can ask

Conviction if accepted will be suspension and dismissal. 

 

 

Prashant Nayak
Advocate, Mumbai
34657 Answers
249 Consultations

1) HC would not reduce his sentence 

 

2) widow cannot withdraw the case 

 

3) she can claim compensation 

 

4) officer would be dismissed from service if conviction is upheld 

 

 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

File appeal against the lower punishment.

Even After Conviction accused Can Be Acquitted On The Basis Of A Compromise.

She can demand compensation to withdraw complaint.

Yes but if HC stayed the conviction than may not be suspended.

Offer her good amount of money to withdraw complaint. Same is advisable. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

victim widow wife cannot withdraw the case once court order convicted the case cannot be settled.

Officer is iable to be placed under suspension if he remains in custody for more than 48 hours. 

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

No he cannot get away from conviction from high court the sentence may be reduced. 

No she cannot withdraw a state case. 

Yes she can file a case for compensation if her husband died during the duty hours. 

Yes he can be terminated from job on ground of conviction.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1.  Since the trial court has convicted him the appellate court may not generally interfere in the trial court's decision  especially on such issues.

The defacto complainant shall be receiving a notice from high court against this appeal along with the respondent police.

She may file a strong objection against it and request for confirming the lower court's sentence and render justice.

 

2. Whether he agrees for compensation or not, she canot withdraw the case now at this stage especially when the cae has already been disposed by the trial court convicting him with the sentences therein.

 

 

 

3. No compensation would be paid by the employer due to the fault of an employee, moreover the employee has been punished by the law hence the employer will not take a risk on this.

 

 

4. The conviction of the officer would lead to termination of his employment.

 

 

5.  The offence is not compoundable hence whether the officer settles any amount or not he cannot be released from this until and unless the high court sets aside the trial court's order and acquits him.

 

T Kalaiselvan
Advocate, Vellore
90173 Answers
2506 Consultations

Dear Sir,

My answers are as follows:

  1. Can he get away in High Court, what we can do see he is punished?

Ans: If the evidence is strong and prosecutor is strong conviction of the trial court will be confirmed.

  1. If he now agree to compensate the family, can she withdraw the case? or she has no options to withdraw? the case has been booked by the state.

Ans: It is the wisdom of the state but normally such cases cannot be allowed to be withdrawn.

 

  1. Can she ask her Employer for compensation as this was done by a officer of the organisation.

Ans: It all depends upon the evidence brought on record. Normally individuals will be held responsible for such acts.

 

4 As the officer is convicted now, will he be suspended?.

Ans: If the conviction is not suspended then he will be suspended and also may be dismissed.

 

5.What more pin pricks we can give the officers so that he considers settling with her.

Ans: You may ask for initiation of departmental inquiry if not initiated.

 

What are her option in the court now? have judgment copy and other papers?

Ans: Counter appeal may be filed by the wife of deceased for  imposing more fine and same be given as compensation to her under section 357 of CrPC.

Kishan Dutt Kalaskar
Advocate, Bangalore
6243 Answers
500 Consultations

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