(Guest)

Minor accident case-police filed section 307 intentionally

my brother while driving a car hit a motorcycle.bike just fell down and no injuries to the person.out of fear my brother didnt stop there and went ahead on the highway.meanwhile, bike person has approached the nearby police station and informed the police that a red color car has hit him. so police wanted to catch my brother at another point on the highway.group of policemen were waiting for my brother car to come.when my brother was approaching, a homeguard suddenly rushed towards the fast car with an intention to stop the car. Though my brother applied brakes, he could not control the car and hit the homeguard. Homeguard got 2 stiches in the head and minor shoulder fracture and he is safe. SP was present at the accident spot and out of anger he filed section 307(attempt to murder with an intention to kill) in FIR instead of 337.My brother is a govt servant and now he is in a deep depression not knowing what to do. chargesheet not yet filed.He got bail after 4 days.now not knowing how to handle this criminal case.Is filing section 307 correct? why will my brother have an intention to kill a homeguard? how this case can be handled? we family members are much worried and sleepless. He is the only earning member in our family.Because of this criminal case there is a chance that he might be suspended also. Please do help.

Regards,

Priyanka

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5 Replies

Saurabh..V (Law Consultant) 27 July 2011

@Author

Here S.307IPC fundamentally is ruled out however, Police with its supreme powers has been left free by the Govt. to hurt, insult and thrash common man. So you have to bear with it! Be strong and brave to fight it out!

Moreover, the basic lacuna in your story is that the brother was driving very fast and that it why couldn't pull the brakes. But you'll have to prove before the judge that despite with high speed your brother was justified to dirve fast ans was in total control. Also that speed was justified at that hour and place.

Jumping before a speeding vehicle does not attract any provision under IPC, but unfortunately police as usual want to extort money so that slap as stringent charge as possible so that the accused goes weaping and begging into their feets to have mercy on the accused.

Don't worry! Engage a good lawyer and during framing of charges, this charge can be altered to rash and negligent driving. Punishment being lesser the judge might acquit your brother easily. Also with minor injuries the guard might be blames himself for overt act of unnecessary bravery.

One question that arise is that what was the need for an on duty official to jump in front of the car? If he jumped then it's his fault, but if your brother hit him while he was trying to scare him and then couldn't control, then the charge under rash and negligent act is made out, though with lesser punishment as compared to S.307IPC.

All the best!

//peace

/Saurabh..V

2 Like

(Guest)

Thanks a lot sir for your valuable suggestions.

Homeguard with an intention to stop the car rushed towards the car. Instead he could have shown a stop board or tried with his lathi. Just few days back before this accident took place , a truck driver drove away without stopping after running over 2 policemen. Keeping this in mind, SP showed his anger towards my brother.

V. VASUDEVAN (LEGAL COUNSEL) 27 July 2011

In my view, your brother should have halted and helped the person, which is the call of duty. Of course he has to handle the mob yet still could have handled the matter with more tactics. Approaching the police with clean hands would have helped gain confidence. If not he could have at-least approached the near by police station and then sought help from the senior police officers/legal advice. Now best option would be approach the senior officials and retrieve the situation and also engage a good lawyer to hand the matter. He sould also offer medical/financial assistance to the affected person, without prejudice.

vasudevan

1 Like

(Guest)

Sir, i have a query. My brother is a govt bank employee. will he be suspended from bank because of this criminal case? if yes, then how he has to handle the situation? PLease help..

Saurabh..V (Law Consultant) 29 July 2011

If arrest is made and a Govt. employee remains in jail for more than 24hrs then, such arrest may lead to expulsion from service. Even if the arrest is made for lesser period and the police officials send the report regarding arrest to the person's office, he could be suspended and an inquiry would be institutued.

You can seek help from the police officers so that they do not send any report about arrest to the govt. office. I need not tell you how they would do that ;-)

//peace

/Saurabh..V