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Mr. Fahad   11 May 2021

Accident case

Hi Expert,

Mr. X car tyre got burst and loss control over his car and hit to the electric pole on national highway, he was along with his family and relatives severe injuries causes to all and lost life of his brother daughter of 3 months and police booked him under IPC 304 A , 337 AND 338.

POLICE MADE FORCEFULLY COMPLAINANT  AND EYE WITNESS TO HIS OWN FAMILY MEMBERS WHO WERE TRAVELLING IN CAR. matter is coming for accused appearance..

please advise to close the case no family member including complainant want to continue with the case.



Learning

 8 Replies

Sankaranarayanan (Advocate)     11 May 2021

Engage local lawyer and contest the case 

1 Like

G.L.N. Prasad (Retired employee.)     11 May 2021

Your counsel depending on facts such as eyewitness account of speed, impact, and as to whether rash and negligent driving that might have endangered the public caused this accident.  There are technical aspects like usage of the area, speed limits, etc.,  Merely your own family members also suffered injuries, and your car badly damaged can not exonerate you from offenses. Even when the tire bursts, if the speed is limited, the car can be still under control, and marking on road with such photographs of tire markings on the Road etc may bring out facts.

1 Like

Mr. Fahad   12 May 2021

Can this matter been hostile ? 

P. Venu (Advocate)     12 May 2021

Mr. Fahad, too many queries? Are you testing this platform and its participants?

1 Like

Mr. Fahad   12 May 2021

Hi Venu Sir,

I am a social person and many people connect me with different legal issues in my family and friends therefore i just try to aware them the legality through this wonderful platform and i am also enhancing my knowledge in the world of Law.

 

T. Kalaiselvan, Advocate (Advocate)     12 May 2021

Though the sections 337 and 338 of IPC are in the list of compoundable offences the section 304A is non compoundable.

Hence the trial has to be conducted 

However since all the witnesses are family members, they can turn hostile to the case  at the time of deposing the evidence stepping into the witness box ion the trial proceedings with the information to the court and the public prosecutor.

If the prosecution fails to prove the case, the court may acquit all the accused and they can get out of the problem.

 

 

1 Like

Mr. Fahad   14 May 2021

Thanks for your valuable advice 

P. Venu (Advocate)     14 May 2021

Originally posted by : Mr. Fahad
Hi Venu Sir,

I am a social person and many people connect me with different legal issues in my family and friends therefore i just try to aware them the legality through this wonderful platform and i am also enhancing my knowledge in the world of Law.

 

Mr. Fahad, you are welcome in such good will. . We would try our level best in offering in meaningful suggestions. However, there is a corresponding and strict obligation on your part to confirm the veracity  of the information provided by third person. If not, this platform would be rendered a safe haven for speculative posting and would be brought down a rung or two in its stature as a "wonderful platform".

In the instant case, any meaningful suggestion depends upon the charge report and  evidence disclosed therein. Have you perused the report? Are you sure that POLICE MADE FORCEFULLY COMPLAINANT  AND EYE WITNESS TO HIS OWN FAMILY MEMBERS WHO WERE TRAVELLING IN CAR? Who are the witnesses?

Certainly, family members alone would not be the witnesses. There would be police officials who have investigated and the RTO officials who, certainly, would have inspected the damaged vehicle. It is their deposition that counts in deciding the cause of the accident, whether it is tyre burst or otherwise, and, even if a tyre burst, whether it could not be attributed in gross negligence in the maintenance of this car.

To my knowledge, turning hostile is not at all a legally accepted mode of defense. It could be double edged sword as well. If there are more creditworthy evidence forthcoming, esp. from the Motor Vehicle Inspector and other experts as to the cause of the accident. If so,  not only the person X would be punished, but his relatives also would have to face prosecution for perjury.

As such, you are requested to verify the facts when you are posting issues on behalf of third persons.



 


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