An individual who is driving or riding holds the ultimate obligation to control his vehicle. Such a person is prima facie guilty of negligence if his vehicle dashes into something or someone unless he has reason to explain that he did everything in his ability to prevent the vehicle under control but the accident was inevitable.
In this sheath as the soul has exited, the criminal case will attract Section 304A of the Indian Penal Code, which provides for offences pertaining to death due to negligence.
The State has to prove that the accident took place with accuse’s bike and accuse were ramming the same rashly and negligently. In such cases the statements of the eyewitnesses (if any) to the accident is required to be produced during the trial. It is likewise to be established, that the deceased was not at any fault.
Here are some suggestions.
- Please make certain you sustain a sound lawyer.
- Do update yourself regularly with the status of the sheath.
- Check & discuss the documents and arguments that your lawyer wishes to present at court.
- Also, get a copy of the FIR and make sure the details entered in it are accurate, especially license plate number, date and time of incident, date and time of death, name and age of victim, location of accident and death, if the victim was distracted or was carrying a phone, if the driver/victim was on the phone, under the influence of alcohol or drugs, etc.
No valuable suggestion can be expressed until I recognize the current position of the sheath in details.
