I need urgent help and Judgement on Bombay High Court,and Supreme Court on the below Matter.
I am Dinesh from Nagpur,my sister got married in 2007,and after 2 years her husband started illtreatement to her and with us also.our brother in law started drinking and all bad habites he had.
Aftr some days BIL asked sister house to be transfr on his name so that he will sell it and will enjoy the life with all bad habits.her inlaws also supported her husband to get that house,and file case in civil court.he threatened my sis.and us and also bitten to sis.so many tims.he used to come to our house and threatened my old age parents also.(because sis.was not ready to give that house which was on her name) sis.has made so many police complaints but it is of no use.
Sis.in laws meet me and tried to get that house by threatening and some times by good talks to me,but what I should do where it was a question of my sis.and her husband.
One day her husband(brother in law ) committed suside by consuming poision.we came to knw.by them only.
Sister in laws file case angst.me,siser and younger brother under IPC 306.where we had no connection with this matter.we suddenly applied for bail and court granted bail.now I have following question.
1) our Adv.has file discharge application under CRPC 227,because we have asked for final death cause certificate to police. & we have received it saying, CARDIO RESPIRATORY FAILURE DUE TO PALMONNARY EDIMA.on that basis our Advocate file discharge application.
2) Also there is no prima facie evidence and nor in FIR its shows,also in panchama there is not even poision or any bottle found.
3) where as public procuter has denied it thr.its say..that statement of witness is recorded under 161 Crpc,and put some case laws saying not to discharge accused,
4) we also came to know sis.inlaws have made made case against us because of that house,which is on sis.name,
5) we also came to know that poision doesn’t revel in any sample of his body part,in forensic lab.
What is the remedy if dischsrge application get disallow,and any caselaws of high court SC in our favour similar to the case.