• Case under section 306 and 498A of IPC

My son got married in the year Dec. 2008.  At the time of his marriage he was working as Branch Head in a Finance Company and was posted at Baroda. After marriage both my son and daughter in law settled in Baroda. At the time of recession my son faced difficulties in his Job and consequently he resigned from the Finance Company and joined as Sales Manager in a reputed Insurance Company at Baroda.
In Nov. 2009 my son was blessed with a female child and in the year 2010 my daughter-in-law also got employed as Junior Accounts Officer in a PSU and Posted at Ratlam. 
Due to some of the reasons my son resigned from his Job at Baroda and he also shifted to Ratlam. My son, after shifting to Ratlam started his own business of Distribution of Food Products. 
Both, my son and my daughter-in-law were residing at Ratlam with us and was engaged in their own jobs.
On 12.05.2012, beyond every ones imaginations in my family, my daughter-in-law committed suicide by hanging. No suicide note found. Every thing in our family was running normal till her death. No any severe or big dispute was ever observed by us between my son and daughter-in-law. Our relations with parents of daughter-in-law was also remained cordial and we have never been informed by the parents of my daughter-in-law about any dispute between my son and my daughter-in-law, till the moment of her death and the same is admitted by them in their witnesses.
On 13.05.2012, after funeral of my daughter-in-law, her parents lodged FIR that my son was harrassing their daughter and was beating and doubting on her character since after their marriage. The Police Authorities registered the case under Section 306 and 498A of IPC. 
After funeral of my daughter-in-law, her parents also taken away my grand daughter with a promise to return her back after few days, but till date neither they sent back my grand daughter nor they are ready to allow us to meet her.
In post martem report the reason for death was Asphyxia  i.e. hanging death and mark of any type of injury was not found.
All the family members of my daughter-in-law i.e. Father, Mother, Brother and Sister has blamed my son and accordingly given witnesses. Apart from family members one independent witness (a lady Officer-in-charge of my daughter in law) was also obtained by the Police Authorities and she also made similar allegations in her witness.
No any witness was taken from neighbours and the persons residing in surrounding areas where we are residing and the concerned investigating officer has agreed while cross examination in court that he has not taken witnesses from Neighbours because he felt that the neighbours was not hiding any facts and hence he has not insisted for their witnesses.
The case is almost on its final verge. On 04.01.2013 our defence lawyer has submitted his arguments, while from the side of prosecution neither the public procecutor was present nor submitted any arguments from his side on that day. Now the next date given 09.01.2013.
My request is to please advice me that what could be fate of the case. Whether non submission of arguments by PP will affect the judgement in any way.
Asked 3 years ago in Criminal Law from Ratlam, Madhya Pradesh
There is an option of submitting the arguments in writing. If submitted in writing the court cannot brush aside anything mentioned therein. However, oral arguments also would suffice. The crux of the matter is whether the prosecution has relevant evidences to convict your son. If the prosecution does not have relevant evidences against your son or the circumstantial evidences does not point the involvement of your son, then my opinion is that your son could be freed.

However, please note the suggestion I have provided is based on the synopsis mentioned by you. For providing any legal solution based on circumstances mentioned above it is prudent from my side to have a second look at all the documents. But, in the absence of documents, you may take a second opinion from an advocate by showing him all the case documents who is easily accessible to you.

thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
5.0 on 5.0
Submitting written arguments is certainly an option. If the PP submits written arguments it will certainly cause the judge to apply his mind to every minute aspect of the case. In Indian courts not much stress is laid on written arguments. A court of law can decide a case only on the basis of evidence put forth before it. If the prosecution has failed to produce the evidence suggestive of your son's guilt then the court will inevitable acquit your son. 

No lawyer can tell beforehand the fate of the case. An opinion as to the strength or weakness of the case and the remedies accruing to you in case your son is convicted by the court can be given only after the entire facts of the case are known and the material on record perused thread bare.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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