• Homicide / murder

Hello 5 years back in a marriage function  , a very close relative Intimidated My father verbally .

My father was a Severe heart patient and this person was aware of this fact .

Two day after this event my father complaint of chest pain and he was admitted in hospital , where doctor diagnosed leaking of heart valve . he was relieved from hospital after 2 days . but due to the complications involved he cannot survive and died excatly 2 months after the Incident . 

Since i am in trauma after this as person who was responsible for this is walking freely without any guilt .

My question is , can i file a case against him for this which has caused us a lot of trauma .

Under what section of indian law i can do that . Please advise
Asked 1 year ago in Criminal Law from United Arab Emirates
Religion: Hindu
1. You can launch his prosecution for culpable homicide not amounting to murder, but the fact that he intimidated your father and that your father died as a result thereof will have to be established in the court.

2. A nexus will have to be proved between the intimidation of your father by this man and his subsequent death.

3. The case will hinge entirely on evidence, if any.
Ashish Davessar
Advocate, Jaipur
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1. If you want to bring the said person to books, then you shall have to lodge a police complaint  against him alleging that he has caused death to your father,

2. Alternatively, you can file a criminal case u/s304 of IPC against the said person,

3. You shall have to explain the inordinate delay in filing the said case. 
Krishna Kishore Ganguly
Advocate, Kolkata
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You have stated that this incidence is reportedly happened around 5 years back, what were you doing all these years. 
Your father died due to the chronic ailments and the complications developed due to it. 
Verbal quarreling and  shouting at high pitch of voice during quarrels are common, this cannot be considered as intimidation.
Your father was a heart patient so his complain about his chest paid after two days of the incidence cannot be related to this incidence, even otherwise the remedy was that he could have lodged a complaint with the police for criminal intimidation immediately after the incidence. The criminal intimidation as per law means
Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of anyone in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
Further your father breathed his last only after two months of his last health complaint,so there is no reason to book that person that too at this belated stage. 
Your problem is about the person who is walking free which can be seen from your contents ""Since i am in trauma after this as person who was responsible for this is walking freely without any guilt .""
But this will not entitle you to lodge a complaint against him. You can consult a doctor for treating your traumatic issues. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Let Mr. Ganguly answer the subsequent queries by the questioner who is bent upon receiving a reply  suiting to his taste alone and not want to understand the legal issues involved.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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1. You can lodge the complaint by ending a letter to the concerned police station under copy to he local S.P.,

2. You are required to collect and preserve the proof of delivery of the said letter,

3. If the police fails to take any action with in a certain period, you can file a Writ Petition before the High Court against police inaction,

4. You can also lodge the police complaint through the Indian Consulate and take further steps as suggested above.
Krishna Kishore Ganguly
Advocate, Kolkata
12083 Answers
228 Consultations
5.0 on 5.0

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