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Jayesh Varyani (nil)     09 April 2014

Urgent opinion needed in hit and run case regarding sec 304

I have witnessed a hit and run case of my uncle in law. Unfortunately he is dead in accident.

Accident was done by a cab. Driver is arrested but Sec. 304 was not levied on him.

He was driving recklessly at very high speed possibly above 120 km/hr. I think police is involved with him and misleading me about Sec. 304 i also have conducted sting and have recording of inspector who is trying to mislead me by giving false information.

My lawyer first was saying to levy sec. 304 but now he is also not responding nor answering my calls and has not gathered with me from past 1 month though i had made many efforts to contact him.

I want to know how can i change my lawyer and also about procedure for Sec. 304 of IPC

Accident happened in Ahmedabad on 9 Dec. 2013.

Please reply as soon as possible



 8 Replies

Advocate Ravinder (Advocate/Attorney)     09 April 2014

 

 

As this is a hit and run case, sec. 134 A and B, sec, 161, sec. 167 of IMV Act attracts, the punishment for this offence may be between 3 months to 3 years. Sometimes it may go up 10 years. For instance Actor Salman Khan case.   It is more grave offence than 304A of IPC.  Please verify under which act the case was booked in the concerned Police Station. 

Jayesh Varyani (nil)     10 April 2014

Sir i would like to tell you that case is booked under Section 279,338,304-A,427 of IPC and U/S 177,184,134-B of IMV act.

But i would like to throw some light on certain details that happened their at time of accident :-

Driver was driving in zig-zag way at very high speed aprrox 120km/hr.

when impact took place he thrashed my uncle along with their scooter upto 40 feets and then scooter gets detach from car and after that he thrashed my uncle upto 100 Feet and was also trying to take him off his bonut, he then took a sharp turn due to which my uncle got dropped and died and then he drove across divider which is 27 feets away he crosses another 30 feet and drives more 200 ft. ahead and then he rans away by leaving car their as his car tier got burst after crossing divider.

Due to above facts of the case i wanted to know whether Sec. 304 of IPC is applicable as Driver managed to protect his car when he was driving in oppsite way from other vehicles, Driver was driving zig-zag knowingly, and Driver ran away from their not fullfilling his moral duty to call ambulance.

Driver is professional driver of a cab company and he was definately knowing that such an act can lead to a injury to someone which can lead to death.

I would like to know your opinion in light of above facts.

My lawyer is compromised he is not responding to my calls not having meeting with me to...Can you please also tell procedure for changing lawyer..

Thanks

T. Kalaiselvan, Advocate (Advocate)     10 April 2014

If a case has been booked by police under the provisions of sections mentioned by you, it is a police/state case and the same will be prosecuted by state through its public prosecutor, what is your query, the police have already registered the case u/s 304A which is the appropriate section under such circumstances.  Your lawyer cannot conduct this case, he can conduct only MACT case for you, so please clarify what do you want to ask.

Jayesh Varyani (nil)     11 April 2014

Sir i want to ask why Sec 304 is not applicable why sec 304A is applied.

It was definately his intention to do such an act.

As far as criminal case is concerned i can appoint my lawyer with states lawyer to advice him in representing me.

And my lawyer is compromised soon i am going to conduct a sting on him too so that i can have a evidence of him being compromised i would like to know procedure for changing lawyer.

thanks

sandeep76advocate (lawer)     19 April 2014

fist you will filed complened court the sec 304a with your affidavit and mlc your uncile in law 

awadh bihari pandey (advocate )     08 May 2014

in hit & run case 134a,b not 304.

Jayesh Varyani (nil)     12 May 2014

Dear sir ,

if you know vismay shah case in that also sec 304 is levied.

match my case details with that you will come to know its 95% same and sec 304 itself says that when someone commits an act with or without any intention knowing that a person can get an injury through such act which may lead to death..

source: https://indiankanoon.org/doc/409589/

S K KARNjhc (Legal Adviser)     18 May 2014

you should file complain case to the court with proper consultation of your Advocate.


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