Legal Question in Criminal Law in India

i am a lawyer ... i am dealing with a case in which the compensation has been claimed by the son of a deceased stating that his father died because he fell from the train. but the kind of injuries gives a different story. the deceased body was cot into pieces. Is it possible that a person could be cut into to pieces if he fells from a running train. i have to prove that its a suicide not an accident

Asked on 4/29/11, 10:35 pm

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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an f.i.r. u/s 302 can be lodged on the basis of photographs of the body and the postmortem report that would indicate whether the injuries are postmortem or antemortem.

Answered on 4/29/11, 10:40 pm

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Vishwa Arya Arya & Co.

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the claimant has to establish the cause and nexus of the damages with the cause. One may be cut into pcs if one fells from the running train. It will be a matter of evidence whether he fell himself to commit suicide or he fell due to negligence on the part of railway. If negligence is established damages will have to be paid. However, i do not agree with Mr. Rajiv Gupta's opinion as 302 IPC is certainly not made out under the given facts.

Answered on 4/29/11, 10:47 pm

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