Accident case
ss
(Querist) 28 November 2009
This query is : Resolved
In an accident case the accused has been charged under 304-A, 279 of IPCs in which another person who hit the scooter died because he was without helmet and he succumbed his injries due to head injury. Initially, in the first FIR there was not witness but later on name of one witness mentioned in the second FIR. The I.O have calculatively mentioned a lot of untrue facts. The I.O has also not mentioned anywhere about recovery of helmet of both the scooterists. Please clarify whether it is mandatory or not to prepare chargesheet in a careful manner including recovery of helment etc. or not. Secondly, what are the main points for defence from the accused person required to be submitted before the Hon'ble Court.
prakash vathore
(Expert) 28 November 2009
i could not get what u mean by second FIR cause there is no provision for second FIR in law. yes u r correct the chargesheet should be prepare in a careful manner, but if it is not prepare in such manner then it will b helpful to the accused person.
adv. rajeev ( rajoo )
(Expert) 28 November 2009
u r wrong there will not be any second FIR it is chargesheet. Chargesheet will be filed after the investigation of the case along with the list of wittness, statment of panchas etc.,
Raj Kumar Makkad
(Expert) 28 November 2009
There might have been lodged first Report in Daily Diary which might have been changed to FIR in the given facts.
Your problem is not preparation of charge-sheet. if it has not been properly filed then its benefit shall go definitely in your favour. You are not concerned with the preparation of change-sheet rather confine with your defence and in these cases you have to go to root of the case wherein there was no eye witness, no halmet with the deceased, no DJ etc.
all these question shall go in your favour.
Arvind Singh Chauhan
(Expert) 28 November 2009
I think what you are saying the second FIR. It may be supplementary charge sheet.PLZ go through the matter again deeply.
