Querist :
Anonymous
(Querist) 22 November 2010
This query is : Resolved
MR X WAS DRIVING THE MOTOR SCOOTER ON THAT TIME A PERSON DASHED WITH HIS SCOOTER so he had taken the victim at the hospital where victim had been died. the accused and complainant ( doer of the F I R ) is same the case open under the provision of ipc 279,337,304-B etc now postmorterm report panchanama and FIR have been admitted by me because the person who was died it was not identified and the mahanagar palica staff burnt him as per the rules of the death ceremony. no any individual eye witness in the case the INVESTIGATION officer and P S O are same so no body was called out by the court only the INVESTIGATION officer and P S O have been examined now case is on the F S if he admit in f s that the FIR is lodged by him so what happen as per my knowledge the FIR can not use against the accused pls give me guide line and also provide the judgement at the side of the accused pls thanks
Raj Kumar Makkad
(Expert) 22 November 2010
Prosecution has led his evidence and now while making statement, the accused need not admit the FIR against himself rather the contents of FIR should be used against the deceased person and entire negligence should be attributed towards him.
There are numerous citations on this point.
Uma parameswaran
(Expert) 23 November 2010
value of Human life and Human Rights are applicable only to the living or existing Human beings .After death no life so no value .
s.subramanian
(Expert) 23 November 2010
I agree with Mr.Makkad.
Advocate. Arunagiri
(Expert) 24 November 2010
Mr.X had done his duty by informing the police regarding the accident. If the case is for accident caused by the negligence of the deceased you will get discharged/acquitted.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup