Truck driver acquitted in fatal Panchkula crash over procedural errors
The prosecution failed to include any independent public witnesses despite their availability, and no test identification parade(TIP) of the accused was conducted, casting a “shadow of cloud” over the prosecution’s version
The court of additional chief judicial magistrate (CJM) Kirti Vashista has acquitted Harmesh Kumar, a truck driver from Kharar (Mohali), in a fatal road accident case, in which a 23-year-old man, Veerpal, had lost his life. The acquittal stems from numerous procedural lapses identified in the prosecution’s case.
The Sector-14 police station had registered a case against Harmesh Kumar on September 3, 2022, under Sections 279 (rash driving) and 304-A (causing death by negligence) of the IPC. According to the prosecution, the accident occurred near the Sector 12-A/Sector 20 light points, involving a Chandigarh-registered motorcycle and a Punjab-registered truck.
The victim, Veerpal, originally from Muradabad, UP, was residing in Govindpura, Manimajra, and was working as a technician. His brother, Pritam Kumar, the complainant, stated that Veerpal was en route to IDBI Bank, Zirakpur, for repairing of a tower installed there, when he met with accident. The prosecution alleged that the accused truck driver was driving at high speed in a rash and negligent manner, causing Veerpal’s death.
However, the court observed critical flaws. The prime witness and complainant, Pritam Kumar, was never examined by the prosecution, severely weakening their case. Furthermore, the informer/eyewitness who notified Pritam about the accident was also not called as a witness. The prosecution failed to include any independent public witnesses despite their availability, and no test identification parade(TIP) of the accused was conducted, casting a “shadow of cloud” over the prosecution’s version.
The court emphasised that rashness and negligence cannot be presumed merely from the occurrence of an accident, requiring definite evidence, which was absent as no prosecution witness testified to the accused’s rash and negligent driving. Consequently, finding that the prosecution failed to prove its case beyond reasonable doubt, the court granted Harmesh Kumar the benefit of doubt and acquitted him of all charges.
