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CASE FILE

My younger brother married in 1991 and became a widower in 1994. His wife died of cholera at home. After this, his father-in-law lodged an FIR alleging that it was a dowry death. However, the people named in the FIR have been released on bail by the sessions court. Now the case is listed for hearing. Can you tell us how the case will proceed?

MOUSHUMI BHATTACHARYA ADVOCATE ADVISES: Published 31.12.03, 12:00 AM

My younger brother married in 1991 and became a widower in 1994. His wife died of cholera at home. After this, his father-in-law lodged an FIR alleging that it was a dowry death. However, the people named in the FIR have been released on bail by the sessions court. Now the case is listed for hearing. Can you tell us how the case will proceed?

Chandrasekhar Prasad Pandey,
31 Muktaram Baboo Street,
Calcutta 700 007

The procedure, stated in Chapter XVIII of The Code of Criminal Procedure, would involve framing of charges against the accused. A charge is a written notice of the specific accusation and contains such particulars, e.g. time and place of the offence, etc., which would give the accused notice of the matter with which he is charged. The prosecution will open the case by describing the charge, after which the judge may either discharge or frame a charge against the accused. If the accused pleads guilty, the judge shall record the plea and convict him. If not, the judge will proceed to take evidence in support of the prosecution. After this, the accused will be given an opportunity to enter on his defence and present evidence, examine witnesses etc. When the examination of witnesses for the defence is complete, the prosecutor will sum up his case and the accused shall be entitled to reply. After hearing the arguments and points of law, the judgment will be given in the case. If the accused is convicted, the judge shall pass sentence on him according to law. However, if you have any queries relating to specific issues, I would suggest that you consult a lawyer who specialises in criminal matters for proper advice.

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