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sudhindra (Systems Engineer)     11 October 2012

Need advice on ipc 304a

Hi Experts,

I feel that i am being falsely implicated under IPC 304A and need your advice.

I had involved in a car accident where i was the driver and the car belonged to my friend named (A). We were travelling along with my other friend(B) and his wife & 2 year old daughter to attend a function invited by our other friend(Y). On the way Mr.Y asked us to pick up one of his friend named (X) who inturn got in touch with us asking to be picked up. i was on high way and maintiainng speed of 80-90kms and suddenly the rear tyre got burst resuliting in toppling of the car as i could not control it further. Myself, Mr. B & Mr.X were thrown out of the car while Mr.A(suffered fractured in left hand) and lady with kid were inside without a scratch. Mr.X died on the spot, Mr.B suffered minor back injuries. Myself suffered minor injuries and called police and ambulance. The car is totalled and presently at station.

Now, after 4 months from the date of accident the police have filed an FIR against me under section 279/337 / 304A saying i was driving rash and negligently. I was asked to visit station where they made a arrest entry on my name and released me on bail. When asked who filed the case, they said it was Mr.B, when i checked with him he has denied any such attempt. They said i have to attend court hearing and will be informed on the date. I have following questions;

Please advice on how to come out of this. will this affect my career and employment as i have aged parents dependent on me. Also, Mr.A is not supporting me on various requests for Eg: Police asked to get the vehicle inspection done from RTO and get the report as it could it be a deciding factor.



 4 Replies

Bhawani Mahapatra (Law Officer)     11 October 2012

Dear Mr. Sudhindra

Police itself can also logged an FIR & its not always necessary the victim to register the FIR.

I think police must have entered your friends name as witness in the cases. So ask your friend to co-operate you while examining them as witness and follow the instruction of your advocate during the trial, because in criminal cases, conviction or acquittal totally depends upon the testimonials of the witness.

So you needn't worry about the result of the case, as the offence you alleged to have committed are petty in nature. Hopefully it wouldn't affect your career or your family life.

Cheers !!

KISHAN PRATAP SINGH DEORA (Specialization- Criminal Matters 138 Negotiable Instruments Act Property Law Matrimonial Disputes Societies Trusts & NGOs Registration etc. )     11 October 2012

 

Mr. Sudhindra ji There are many aspects which you need to consider... 

First of all stop worrying... as it won't help

Secondly, consult your friends A & B whether they will be supporting you or not? 

Thirdly, get a copy of FIR & Charge sheet( if investigation is complete) and Statements of witnesses under Section 161 CrPC. Check the List of Witnesses commonly there are following people- Complainant, 2 independent witnesses, Investigation Officer (IO)

It is very easy to obtain these copies & it doesn’t cost much.

Fourthly, as most of the witnesses would be your friends they would turn hostile during the Prosecution Evidence.

Fifthly, another thing which goes in your favour is the unexplained delay in filing the FIR, which in some cases is fatal.

Sixthly, it depends on the circumstances of the Naksha Mouka... as it cannot be showed that you were driving the car that day and as you are not even the owner of that car. Therefore it is Mr. ‘A’ who should be worried and not you.

Lastly, there are many other factors which matter in such cases & which differ from case to case. As we are not aware of the full circumstances of this case so we would not be able to comment.

All in all you have a good case and excellent chances of acquittal i.e. (not guilty).

Best of Luck,

Adv. K. P. Singh Deora,

Advocate & Legal Consultant

sudhindra (Systems Engineer)     15 October 2012

Thanks to both of you. Based on your inputs, i have briefed my friend`s and also have taken help of a lawyer here.

Regards,

Sudhindra

KISHAN PRATAP SINGH DEORA (Specialization- Criminal Matters 138 Negotiable Instruments Act Property Law Matrimonial Disputes Societies Trusts & NGOs Registration etc. )     15 October 2012

:)Happy to Help


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