Vijay Khanna (BUH) 21 January 2013

304a..causing death due to rash & negligent driving

I have been convicted by the Lower Court under 304A as well as 279 for causing Death due to Rash and Negligent Driving. A sentence of 2 yrs impisonment with fine of Rs. 20,000 has been announced in the judgement passd. The incident happened on a highway when a pedestrian ran in front of my car from the divider. I took him to the nearest hospital and left fearing for my life as some locals had gathered hearing of this accident.

An appeal was filed in the Disctric Court and the case is pending for Judgement which has been delayed for more than a year now. I would like to share a few facts with you as stated below:

1. There was NO T.I.P. conducted by the police in my case.

2. Eyewitness reported the Vehicle discriptttion incorrectly while the Regn. No. mentioned is correct.

3. The FIR states yet another vehicle in the FIR while maintaining the same Regn. NO.

4. Rash and Negligent Driving has not been proven beyong doubt.

5. The cause of death after one week from the date of accident has not been firmly attributed to the accident by the Doctor.

In view of the above, please let me know if I have a fair chance of acquittal. If not what options do I have in front of me as I go forward.

Awaiting your early expert views.

Best regards

My Query to the Learned Members of this forum is:

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4 Replies

Arvind Singh Chauhan (advocate) 21 January 2013

Try these citaion suiting to your matter-

No consistent and clear evidence by prosecution proving that accident resulting in death of the deceased take place due to rash or negligent driving of bus by accused conviction not proper- Cr.L.J.-2000- 1755 H.P.

Mere driving at a high speed not a negligent act- Cr.L.J.-2000-3394 P&H, 4362 P&H

Pedestrian boy suddenly crossed the road and was hit by vehicle-father of the deceased also admitted that boy was crossing road- Accused entitled to be acquitted- Cr.L.J.-1999-4237-Raj.

Pedestrian suddenly crossed the road-Rashness or negligence- can not be inferred from fact that incident resulted in injury or death of pedestrian- Driving in high speed or not sounding horn is not proof of rashness or negligence- Cr.L.J.-1986-Ker-511.

Vijay Khanna (BUH) 23 January 2013

Thanks for your valuable inputs. But I feel quite helpless and more so when it was no fault of mine. On the contarary the pedestrian put my life in danger by his irresponsible and careless act. Also, I am worried that the next option for me to seek a bail from high court (in case of a conviction) may take a few days to few weeks or even longer and I have been given to understand that till such time I should languish in the JAIL. Is there a way out of this situation. Please advice.

Also, I am being contacted by some people claiming to getthis settled in my faour for a huge consideration. I despise the fact of getting involved in such things. Is justice on sale in our country? I would beleive it wasn't.

Awaiting your valued inputs as the judgement day is next week.

Regards

karnish911 02 December 2015

sorry to reply so late hope this still be helpfull to you in any case such as yours you can get released easly if you have a good pleader however no offence to ur attorney you can go several ways more than what you know however anycase should be proved beyond resonable doubt and ur intent is not bad however if you need professional help contact me i will surely look into the matter and may advise you something that has not been done yet in your case