Ipc sec 304a

Kishan (Querist) 26 September 2017 This query is : Resolved
My name is kishan. I got involved in a road accident and the person died. The died person is a mentally disabled person. The police booked the case under ipc sec 304a.there is no legel heirs to the died person. How could i overcome with this case.

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Kishan (Querist) 26 September 2017
Suggestions please

Advocate Bhartesh goyal (Expert) 26 September 2017
you have to disprove the fact that" accident has been occurred due to your rash and negligent driving" by cogent evidence..

Vijay Raj Mahajan (Expert) 27 September 2017
This is a State case where the victim is dead. The rash and negligence act causing death has to be proved by the prosecution. The victim was mentally disabled person by itself will show that he came before your vehicle not in fit mental status thus causing accident and his death. If the victim was a normal, mentally fit person, causing accident by your rash and negligent act would have brought onus on you to disprove this act. You can always seek discharge of the charges by filling application in the trail court and plead on the ground of mental disability of the victim that caused the accident as the person came before your vehicle in unfit mental condition for which you were taken by surprise and accident occurred.