What should be the Judgement ?

Question

A drunkard man comes before a two wheeler. Two wheeler owner takes him to hospital and after 4 hrs his treatment was started after Police FIR. At the FIR, victim accepts that he was drunk and asks for no police case against the two wheeler owner. That drunkard guy dies in hospital the next day. But after 4 years a case was lounged against him, under section 279 and 304A. Whose fault is this?

Answer 1

It’s a typical money extracting formula of Indian police, the demand he never met & now face charges under section 279 & 304A of the Indian Penal Code. Although the statement made by the drunkard victim can be taken note of as his death statement because after making this statement he died, but since this statement was not recorded before the magistrate under section 164 of the criminal procedure code it has no value but it can only be used to cross examine the police officer who recorded it as an FIR to clarify his knowledge of this man’s innocence in this accident case. Apart from this statement of the victim there is nothing on the record that can be used against him in the present case, nor the circumstance of the case shows any evidence against him for his rash & negligent driving causing death of the victim by this accident. Rather the postmortem report of the victim that will show the contents of alcohol in his blood as well in his versa, goes in the favor of the two wheeler driver, absence of any eye witness to this accident goes in his favor, medical report of the said accused two wheeler driver showing his normal health & presence of no alcohol or any drug in his blood goes in is favor, all such factors will definitely fail the prosecution case in the court & prove his rash & negligence driving, but this fellow has to face this trial at the cost of his time & money.

Answer 2

u mean d case was on d 2 wheeler guy ???????? alright firstly there is nothin called as right n wrong... d guy was drunk 4 god knows what problems he had... d police did their duty though at a very slow rate... the 2 wheeler guy was a good samaritan so he's basically out of this... d hospital authorities cannot treat d man coz they have certain rules... bottom line is d drunkard was punished 4 his folly.,....

Answer 3

Its the fault of our system, even i had experienced such an similar case one year before we met an accident no came to help later at hospital it made me to lie that police are on the spot of accident ad Drs did nt treat mom properly dis al went in A.P ad im bangalorean,we dnt know telgu. at last i got her treated. iwe came to Bang in 8 hrs she mustget operated i made it possible. All as to value for life but this is not happening. if Drs had treated a life could hav been saved.