Charge sheet for murder not mentioning correct statement of complainant

Tilak Marg Forum for Legal Questions Forums Criminal Law Charge sheet for murder not mentioning correct statement of complainant

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 9 months, 2 weeks ago.

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  • #2865


    Sir, I am a complainant of murder case . The murder was done in September 2014, and several statements were recorded by different level of police officers. In this case some Police men were also punished for not writing complain which I approached Police station 10 days before the murder of my brother in law. Now case is on board I am summoned to appear in the court, I horribly surprised to see the charge sheet that my whole story is not included in charge sheet about pre murder incidents. The charge sheet shows that the main culprit is being protected. I ask my PP and police to add my all statements they denied and said speak whatever matter is mentioned in the charge sheet. The entire statement was in Marathi language which I am not familiar with. I want justice for so the charge sheet must be improved. Sir what should I do ..kindly help me..I can’t afford a private Lawyers..I am a student. Plzzz sir 9527314050

  • #2874

    Now that the charge sheet is already filed and the case is already being prosecuted and statements of witnesses are being recorded by the court during trial, there is no scope for improvement in the charge sheet. Even seeking further investigation may not be practical at this stage.

    If your statement in court differs from your statement recorded by police and given along with the charge sheet, then the accused will get opportunity to point out contradictions in the earlier statement recorded by police. This will show as if you are improving upon your earlier statement. It may sometimes be harmful to the prosecution case. So, you have to take a call.

    However, you are free to state before the court whatever is the true version of the incident. Bring all the true facts to the knowledge of the court through your evidence. There may be some contradictions with your previous statement recorded by police, but then if you are stating the truth, don’t worry about those contradictions and leave it to the court. Explain all the contradictions to the extent possible in the most cogent and consistent manner. If the lawyer for the accused asks you in cross-examination that your previous statement recorded by police does not contain this or that fact, then say truthfully that you had stated those facts to the police (if you had done so, as you have mentioned) but it appears that the police did not record them.

    Remember that ultimately it is your statement in the court which is finally read in evidence, and the statement recorded by police can only be used for pointing out contradictions.

    Being complainant, you can have your private lawyer who would then have to assist the public prosecutor. But, it is not mandatory for you to engage your private lawyer. Without a private lawyer also, you can state the truth in your evidence before the court, which you must.


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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