about witness

Querist : Anonymous (Querist) 23 March 2011 This query is : Resolved
sir, in a case of 304-A IPC, owner of the lorry deposed that the accused is the driver on the date of accident, please suggest me how to cross examine him and what is the effect of his statement or any other related points.

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Guest (Expert) 23 March 2011
take all the general defences and put questions on the line that the accident was not due to the rash and negligent act of the accused.
raise suggestions that the accused was not the driver at the time of accident.
alternatively no proof that the driver is entrusted with lorry at that time
ask whether there is employer employee contract existed in written
whether the written authority for authorisation to drive the vehicle of the owner. and so on.

But the eye witness are important to cross examine on these points. But you cannot deviate from the questions you were already asked with P.W.1 and P.W.2 (eye witnesses.
be careful in putting questions in cross examination.

Guest (Expert) 23 March 2011
Depends, who is stated to be the accused in the police case, whether the owner or the driver, and what you actually want to prove by cross-examination of the owner.