1

CLIENT COUNSELLING

1. Jagdish Thakur, S/O-Shri Trilok Thakur, aged 65 years

2. Pranti Devi, W/O- Shri Jagdish Thakur, aged 62 years
Both R/O- Village- Bali, P.O-Alawalpur, P.S.-Gaurichak, District-Patna

Fact of the case

A FIR has been registered on the basis of statement of father of deceased against all
accused namely Shashi Thakur, Jagdish Thakur, Pranti Devi, Satypal Kumar And
Kajal Kumari U/S 304B,34 of IPC at police station Gaurichak with p.s case no. 16/18,
dated 27.01.2018 at 1p.m.

He informed to the police that his daughter sangeeta kumari (deceased) was married to
the shashi thakur about 4 years ago in accordance with Hindu marriage ceremony.
After the marriage her husband along with his all family members as name is given
above had demanded maruti car and a gold chain and For this they tortured her and
also threatened to kill her with her children’s, if she will not fulfil their demand. On
dated 27.01.2018, they set her ablaze by pouring k.oil along with her children, a girl
aged- 2 years and a boy 1 year old. Her daughter was died at the spot and her two
burnt children were died during the treatment at NMCH hospital, Patna. At the time of
death she was 8 month’s pregnant. He further informed the police that his son-in-law
has informed him on phone that due to an accidental fire in gas cylinder in kitchen,
she was died of burn injuries and when he reached at deceased house with his families
member, he saw the floor of kitchen is oily and the k. Oil smell is coming out from the
body of the deceased and kitchen.

Client said that neither he nor his family member were at home on the alleged date of
occurrence. They were attending their relative marriage ceremony. His son shashi
thakur is a school teacher and at that time he was in school. He also said that his
neighbours heard blast sound and saw a fire in his house and after that they broken the
door and tried their level best to save deceased and her children life but they failed to
do so.
 2

Applicable laws 304B, 34 of IPC

Course Of Action

As the above mentioned section non-bailable and cognizable offence and client is not
arrested yet and police is searching for them. So first of all we have file and
anticipatory bail application U/S 438 of CRPC before the session court as this case is
triabal by session court not magistrate court. If the bail is rejected by the session court
then the second remedy is to file a surrender application before the session court and
at then file a regular bail application U/S 439 of CRPC as the it talks about the power
of Court of Session regarding bail for an offence which is exclusively triable by
session court. If the bail is granted by the court then we will go for trail. But, if bail is
rejected by the court then we will move a bail application to high court U/S 439 of
CRPC.

After that when the police will filed a charge sheet U/S 173 of crpc then trail will start.
During the trail we will be able to take a defense of plea of alibi that means at the
time of occurrence of the incident they were at the different place.

When the question is whether a person has committed the dowry death of a woman
and it is shown that soon before her death such woman has been subjected by such
person to cruelty or harassment for, or in connection with, any demand for dowry, the
Court shall presume that such person had caused the dowry death as U/S 113B of
IEA, 1872. So, we must have to proof before the court that we did not inflict any type
of cruelty or harassment to deceased for dowry demand and neither demanded any
type of dowry. And the informant allegation is completely false and fabricated. As
both are living their life happily and out of their love they have two children. There is
no demand of anything as the husband/accused himself is earning. This was happened
because the accidental fire broke of cylinder and the k.oil was also kept in the kitchen
and due this accident the fire also catch in k.oil that’s why the smell of k.oil was
coming out from the body of the deceased and the kitchen.

Probability of result
 3

By this we may be able to prove the innocence of the accused person. And there is
much more chance of acquittal as in criminal case court needs beyond reasonable
doubt proof for conviction.

Next course of action

If court will not give acquittal then we have to file an appeal in the high court against
the session judge conviction U/S 374(ii) of CRPC.