Booked under ipc 279/427
bijukumar
(Querist) 30 January 2015
This query is : Resolved
I have been accused in a FIR by the opposite party that 'While traveling at night at around 12:30 AM, my small vehicle which I was driving negligently and at a fast speed and collided with their vehicle which was on right side of the road. The vehicle of complainant was a dumper and was carrying a business assignment. My vehicle was a small four wheeler.
In the witness the driver and the owner of vehicle who was in the dumper accused me that I was driving rashly and because of the I have run over seven bulls sleeping on the national highway and then collided with them.
They have also accused that I might have been drunk. Although no such proofs exist. After the accident, my vehicle which was damaged was however in its right side of the road. And I was taken to a nearby hospital to attend my minor injuries like bleeding from nose and mouth and I wasnot there on the spot when police arrived.
How much punishment I can get from this case or will I ever get acquitted? Does the witnesses of the other vehicle count?
ABDUL RAZIQUE
(Expert) 30 January 2015
pay fine to the court and get relief.
Advocate Ravinder
(Expert) 30 January 2015
Is running over the seven bulls is correct or fabricated by them. If yes, whether the owners of the bulls kept quite or claimed any compensation or damages from you. Give full facts.
bijukumar
(Querist) 31 January 2015
I haven't run over those 7 bulls. Those bulls were already there in the spot. The owners of the bulls never came into the picture. They were not part of the investigation. Even in the FIR and the chargesheet the bulls are not mentioned. I know few guys who drove past the place previously and they say the bulls were already there.
There is some contradiction in their FIR also. Their vehicle was actually not moving but standstill on that road. In FIR they mentioned that I hit their vehicle in its campus. Actually it was rather parked on the road and not even without indicator lights. But I have no way to prove this. I have nothing to prove this. In their witness only they mentioned the seven bulls. The police also take note of some witness who came to the spot hearing the sound and they conveyed the accident may have happened because of my mistakes.
I feel I am being victim of this conspiracy. I will share all details of the chargesheet here. Will I get a prison term for this?
T. Kalaiselvan, Advocate
(Expert) 01 February 2015
The charges and allegations are normal and routine which can be challenged n the court and can get acquittal but the proceedings will take a little longer time. Hence engage an advocate and see if the matter can be settled by paying fine in the court.
Rajendra K Goyal
(Expert) 03 February 2015
Engage a senior lawyer and defend yourself on merits.
Order can not be predicted at this stage.
bijukumar
(Querist) 13 February 2015
Ok sir! Thank you all for replying. Doing as you hare advised. Already engaged a senior lawyer. I want to ask you few things though:
1. The accident happened during night time.
2. After we were there in the place of occurrence for about half an hour, we left the spot in some vehicle as we had sustained some injuries.
3. My vehicle is Fiat punto with a ground clearance of 170 mm and how can I prove that this vehicle has run over 7 full grown cattle?
4. How can I prove that this can be framed case?
5. Accidents due to stray cattle If can be proven it won't be a case of rash driving.
bijukumar
(Querist) 13 February 2015
Need to make some strong defence for the case. Suggest some approach.
bijukumar
(Querist) 13 February 2015
Sir. Let me first share some details of my case. Fir as given by the complainant against me reads like, "On.... around 12.30 am in the night while our dumper was carrying some 15000 tea saplings, we met an accident when a small vehicle no...... rashly and negligently driven comming from the opposite side hit in our side of the road. While in the accident no person has been injured significant damages have occurred to the vehicle and since we couldn't return the tea saplings in proper time to the owner, lots of tea saplings got damaged too."
The fir is given by the son of the dumper owner who was accompanying the driver in that vehicle.
In the spot witness 161 however both the complainant and the driver however mentioned that while recklessly driving I killed seven full grown bulls and after that hit their vehicle to cause such damages.
There are three other witnesses who said they arrived at the spot after hearing a loud sound and they too corroborated the fact that I was driving the vehicle recklessly and responsible for all damages involved. Their houses are very nearby to the accident spot. All these are recorded under 161.
Now my part of the story:
1. I haven't hit those seven bulls. But I actually hit one and the one I hit, I was not sure if previously dead or alive.
2. There was certain lapse in my concentration, which is true or under shock I kept believing so. Two things are true: my vehicle speed was around 100 kmph and it was free highway at night and secondly once I hit the bull, I panicked a bit, lost control and hit the other vehicle. The other vehicle was however not completely on the other side of the white dividing line. The national highway is not very wide at this spot and without a divider. The collision was however not head on.
3. All passengers in my vehicle were safe and after the accident however I got hit in the head and nose and started bleeding and lost my consciousness for a little while. My co passenger was a doctor and he made calls to his seniors and other doctors, and they carried me nearby hospital and my injuries were attended by them. So while police arrived at the spot we were actually not there. And they took statements of the other car and the casualties of all the dead cattle were imposed on me. However in fir and the chargesheet, the cattles are not mentioned.
3. Although we became fit enough the very next morning, however certain amount of shock remained with me for a while.
4. After the event however, police never arrested me but while collecting the seized vehicle, I signed few papers. I had a local person who was handling the whole case for me; he was handling the whole case, police and police remained friendly with me and never made aware of the Fir. Only after court's summon I came to know of this.
Sir some portion of the case is true like the accident and I lost hold of the moment when the accident happened. But some portion of it is fabricated. Like those seven bulls. Even if I correctly remember the other vehicle was one eyed.
Sir Please help me in preparing my defence. I have already engaged a senior lawyer but this place being a remote one doesn't have the most updated of them. I need certain points. On which this case can be made into a strong defence. My vehicle's ground clearance is 170 mm. How can we prove that a small vehicle running over seven full grown bulls is an impossibility?
