Road Accident Case 279/339 IPC

rash and negligent driving.  You have to contest the case.

304A causing death by rash and negligent act. As rightly said by Mr.Rajeev, you have to contest the case..

Dear Muruganandan, excellent, you have destroyed a life and sent him to heaven directly without any effort and still you want to prove yourself a divine soul.Fault 100% may be of that departed soul but does that fault of him confers you any right to kill.You simply doesn't have any sympathy for a human being killed by you and seems to be arrogant.

You have full right to defend yourself as that departed soul had the right to live but his rights were extinguished by your rash driving.

Cheers.

tipical to prove rash driving!

and total case depend upon rash driving i.e.-279 ipc,

and if it is not proved then nothing will punishd!

Adv. Sharma, Ajit, RAjoo Are very right. only listen to them

sir

when any person was dead in road accident then it will offecne u/s 304(A) and if that deceased was drunken then if the police have not mentioned in the complaint and charge sheet then you can file criminal petition u/s 482 Cr.P.C before the High Court and seek quashing ghe proceedings agaisnt you

Dear Lingraj Maradi:Excellent piece of advise but how are you going to prove that the victim was drunk at the time of accident who is in heaven now?

Thanks.

I totally agree with om prakash ji advise 

How  he proves in high court(criminal petition under sec.482) that the person (dead) is drunken ?

@author

If you have a evidence then prove in a court.My advise is to check th post mortem report ,meet that doctor and ask but as you said it didnt mention that the dead person is drunken at that time then its useless.

Dont go to high court if you dont have any proves.Better appoint a good advocate and contest the case.

A.G.Gardner,the famous author and diplomat  of U.K.once quoted that "Law must be observed in spirit not in rigidity"

In this case if one proves that deceased was intoxicated and was not in the position to walk with balace,the witnesses must confirm the same and P.M.report must support thesame then one chance to get out of criminal liability.

The other as you said you want to go for studies abroad means you  are in your twenties/thirties,so clarify whether you possess valid driving licence.

I just want to say to Mr.Dhushia that recently supreme court has given order to Karnataka Bar  Association which says the terrorists are also defended by Law,hence no reason to say emotionally that person gone to heaven hence the accused should sit mum and cant defend self ,otherwise why should we defended a terrorist  like "KSAB' WHOM WHOLE WORLD HAS SEEN KILLING PEOPLE.

No doubt in our country justice system is delayed for long hence we are not getting justice in time.

Thatswhy we say "COURT MEIN JAZBAAT NAHI SABOOT CHAHIYE."

Girish Shringi

(Advocate)