My brother Vinay was married to sushmitha on Feb 2019, we were staying together in same house till July 2019 in Bangalore wch was leased house in my brothers name Vinay for 15 lakhs. One day My brother and his wife fought with his father and mother for property divide And my father told cannot divide property untill 2nd and 3rd son's gets marriage. After refusal for property dividing from my father, my brother and his wife asked us to leave his home and then we (my father, mother, me and my younger brother ) moved separately to a new house. After we vaccated my brother's house he cancelled the lease after 15 days and took the amount of 15 lakhs from owner and made a new house seperately. We were unware of the new house made by my brother as we were not in connection with them. My brothers wife sushmithas mothers plan was to make her daughter live separately instead of staying in group family. Sushmithas mother told sushmitha and my bro Vinay to ask for property divide and vaccate his parents in-laws and to get tat lease amount of 15 lakhs. After we vaccated my brothers house, the brother of deceased sushmitha and her mother thretend my brother to give them 10 lakhs in lease amt and also to ask property from his father else that will file false dowry case my brother scared and gave them cheque of 10 lakhs in the name of his wife's brother Madhu and cheque withdrawn from madhus account. There was fighting in sushmithas house in native and her brother was fighting with his own family for an affair issue of him and his mother was calling her daughter sushmitha and torchured her mentally saying she will hang herself as his son is hitting him and fighting daily. Finally my brother's wife herself got suicide hanging herself on September 24th 2019. And we had vaccated the house 2 months earlier and stayed separately before this incident. And we were not in connection with both Vinay and deceased sushmitha also not even a phone call from 4 months with them. Deceased sushmithas brother filled an False dowry FIR over our family Vinay(A1) My mother(A2) My father(A3) Me(A4) & my younger brother (A5). We had not askd any dowry with anyone but they are misusing tis. Also they have arranged 9 fake witnessess (own relatives) for court to say that we askd dowry. Can any one give some suggestions on tis?? Am also married and I too have wife and am accused 4 in tis. Am afraid of my wife tat if anything goes wrong in final judgement. Because everyone are saying in women related cases it is tough to fight and getting Justice is Hard even if we are clean and honest. Pls advice
Since you have not done any crime and you people are not responsible for this suicidal death, you may discuss the strategy with your advocate and challenge the case properly and defend your interests properly in the trial proceedings.
You may regularly follow up the case so that you dont miss the bus at last moment.
It is a criminal case for the offence under section 304 B. Your brother wife died in an unnatural circumstances therefore burden to proof that you are innocent is absolutely upon you. Now it completely upon you to prove that at the time of occurence you and your parents and her husband were not present at the place of occurence. Apart from that it is most important that what came in post mortem report by which it can be proved that under what circumstances she died. engage expert advocate and fight 304b 498a on merits.
You need to falsify her cases with effective cross examination and get clean acquittal in such cases
See you can at stage seek anticipatory bail and file quashing petition before the high court. Since there is no primary evidence the court may quash in your favor though if quashing is rejected you may proceed in trial.
See if there is no suicide letter, no evidence of dowry also no evidence that she was directly tortured by you all so that she may commit suicide the court may acquit you also the burden of proof is on them.
Burden of proof is upon prosecution to prove allegations beyond reasonable doubt
2) apply for and obtain Anticipatory bail from sessions court
3) wait for poluce investigations to be completed and charge sheet filed
4) since you were staying separate and has vacated house most probably your names would be dropped from charge sheet
5) if charge sheet is filed against you apply for discharge before trial court
Its a serious case. What are the accusations made against you in the FIR? What is the stage of the case? If Chargesheet is filed then you can file a discharge application if there are no specific allegations in Chargesheet.
1. What are the allegations against you and your parents in the FIR? Did she leave behind a suicide not? In a case under Section 304B IPC it all boils down to the allegations in the FIR.
2. If the allegations in the FIR do not make out even a prima facie case against you and your parents or you have a document which overwhelmingly displaces the allegations contained in the FIR then you may file a petition for quashing of FIR in the High Court. Without perusal of FIR nothing can be said.
3. Immediately apply for anticipatory bail so that you do not go to jail.
My brother accused 1 was staying with her wife at his home and the rest A2 A3 A4 A5 was staying separately and these 4 of them was not present in the place were suicide was occurred. Charge sheet already done against all 5 of them. In postmortem report it is clearly stated that it is a suicide and has no marks on the body. And mainly before her suicide we had no interaction directly from past 2 months and also we had no phone calls with both of them from last 4 months before the suice and we even didn't know the address of my brothers house we're they stayed. One day we got a phone call at night that my brothers wife has committed suicide and we spoke to our relative advocate were he askd accused 2 to 5 to be upsconded untill getting bail also we wanted to avoid custody so were were underground for 2 months and we got bail but my brother is yet to get bail now. Polices of that station limits has got corrupted and filled false chargesheet against us even if there is no evidence against us also they have not produced CDR report in charge sheet as it supports us because call details clearly shows that we had no connection with my brother or his wife.
File for discharge before trial court
dont file for quashing as it is to be done only in exceptional circumstances
I belive we have good ground to quash the FIR by approaching High Court for lack of evidence or even Trial court by filing Discharge Application since you did not have shared household and no direct evidence to link you with the offences. What is the present stage of the case?
Since the police has filed the charge sheet, you can defend your interests in the trial proceedings alone.
You cannot do anything about it at this stage.
You could have approached the police immediately when you came to know about the event.
you rather did not bother about contacting the police for over two months i.e., till you were enlarged on bail, hence the police has proceeded on the basis of the complaint./
If you are confident that the evidences support you and this absolutely false case agaisnt you all on the basis of the documentary evidences the police rely upon, you may even plan to file a quash petition under section 482 cr.p.c. before high court to quash the charge sheet.
You may consult and discuss with your lawyer at length and proceed on his advise on all such further issues.
See since the chargesheet is filed now the best possible thing to do is to contest the matter trial cross examine the witness of the complainant and further engage experienced advocate for trial.
Further if charges are not framed then in that case you can also file a discharge petition before the court.
This is serious offence and if court found evidence against you and co accused in crime, than conviction will order.
This can be precisely examine by charge sheet filed by police.
Since you have left the house 2 months prior to her death, may get benefit of doubt as no recent nexus to her suicide.
1. You have not mentioned whether you have already taken anticipatory bail or not. If not, avail AB from the Court immediately.
2. Thereafter, you shall have to contest the case fittingly by engaging a local Advocate having expertise in this field.
3. The matter has become complicated because of her suicide only.
4. However, it will be difficult for the prosecution to prove the charges leveled against you since there has been no police complaint lodged by her against you before.
1. The decision of yours to avoid police custody till you get AB is absolutely alright as per law.
2. From the tower location of all of your phones it will be proved that you did not go to the location of your brotrher's house for last two months.
3. The above point will be of great assistance to prove your innocence in to the matter.
Discharge application is the remedy provided to the person who has been charged maliciously.
It's good on that false and faulty charge sheet you can go for quashing before high court
1. No need to worry the case can be turned down at stage of evidence as the witnesses produced by them are fake so they will definitely do some mistake in evidence or cross examination.
2. All accused other than husband can file discharge petition on ground that you don't have any connection with deceased and your brother due to property dispute.
