A man, accused of allegedly causing the death of a person by negligent driving, has been acquitted on grounds of "shoddy" probe by the police, with a city court saying it reflected their "callous attitude" even when a person has lost his life.
Metropolitan Magistrate Dheeraj Mor absolved accused truck driver Subhash Chand, who was reversing his vehicle when victim Shyam Bahadur was crushed to death. It noted that the prosecution has failed to prove the allegations in the case.
"The investigation of this case is extremely shoddy and has been done in most unprofessional and casual manner. It reflects the sensitivity level of the investigating agency who are nonchalant and have callous attitude even in the case of the death of a human being. The prosecution has failed to prove its case...Hence, the accused is entitled to benefit of doubt," it said.
The court said the police probe lacked material details in the site plan like skid and blood marks, while photos of the accident spot had not been placed on record.
It said the accident took place at around 0200 hours and there was no evidence to show whether the place of accident was sufficiently lit and added that the prosecution had also failed to place on record the relevant details of the spot which could have conclusively attributed culpable negligence or rashness upon the accused.
"Therefore, it cannot be held with certainty that the accident took place due to culpable rash and negligent driving of the accused or that he is solely responsible for fatal injuries received by the victim," it said, noting that of the three eye-witnesses including the complainant, one turned hostile and the others remained untraceable.
"The right of the accused for expeditious trial cannot be defeated/frustrated on unreasonable and unjust grounds. The sword of this case could not have been kept hanging on the accused for eternity, all the more when the vital material witnesses remained untraceable, despite several sufficient attempts. They were even summoned through DCP but it yielded no fruitful results," it said.
According to prosecution, on March 20, 2003, a complaint was lodged by Jeevan that his brother-in-law Shyam Bahadur was helping Subhash reverse his truck in a factory near Okhla Industrial Area here around 0200 hours when the accused suddenly reversed it at a high speed, trapping Shyam between the truck and the factory godown gate. Shyam, who was taken to AIIMS, succumbed to injuries.
Subhash was arrested by the police and chargesheeted for the offences under sections 279 (rash driving) and 304A (causing death by negligence) of the IPC, to which he pleaded not guilty. During trial, he claimed innocence and said he was falsely implicated.
