Anand Bhaskar (student) 19 October 2013

279 and 304a

I was going to my home on my bike. a old person came running in attempt to cross the road and in that attempt of crossing the road, the old person met with an accident with a negligently driving Vikram auto which was overloaded with people. Then due to the impact of the accident the old person fell onto my motorcycle and me. Thereby dis balancing me and making me fall on the road and causing injuries to me and damages to my motorcycle.

Thereafter when I got up I saw that the Vikram auto had speedily fled from the spot after hitting the old person.

I then acting in humanity immediately rushed the old person to hospital but the hospital refused to attend to the injuries by saying it’s an accident case. The auto in which i took him also refused to go further. So thereafter I saw a PCR van and with their help immediately took the old person to Govt hospital where he expired.

Thereafter when I went back from Hospital to the spot to pick my motorcycle then I was inform by the people standing there that my motorcycle was taken by police, so when I reached Police station then as a surprise and shock to me I found out that the police had lodged a case on me under section 279 and 304a.

Police has a made shopkeeper as witness/complainent

I am on bail provided by police. charge sheet yet to be filed
Please advice

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4 Replies

Aashish George (lawyer) 19 October 2013

oh! this is a bad one, are there any witnesses besides you who saw the accident? did you get the number of the vikram auto? 1st of all, a recent judgement of delhi high court has stated that all accident victims shall be treated without delay, i cannot believe these hospital people did not comply with the directions of the hon'ble high court. hire a good advocate to defend yourself, you will be loaded with two cases, one is state case (criminal case under 279/304b) one is mact case (motor accident claim tribunal). if your insurance and papers are good then your role is minimal in MACT case, the insurance company will handle the matter and settle the claim, criminal case is a different game all together, your innocence need to be proved in court and for that you need a decent lawyer. remember choice of a good advocate is crucial step, you miss this your life will be in a soup!

wish you best of luck

regards

aashish george

T. Kalaiselvan, Advocate (Advocate) 19 October 2013

Yes Mr. Aashish is right in opining that you have to hire a good lawyer to fight your case. The shopkeeper witness will turn hostile so dont worry about him, but kindly gather the number of the said auto through some source and fix him up. Yours is a genuine case, you can fight it out especially with regards to the way the accident took place and the nature of injuries sustained by the deceased, you will be able to prove that you are not at all responsible to the accident.