The police today put charges against a man who was killed in an accident for rash and negligent driving in Himachal Pradesh’s Chamba district, maintaining that it was a routine practice.
A water tanker driver, Sanjeev Kumar of Chakban village in Nurpur sub-division of Kangra district died on the spot on Thursday night when his vehicle fell into a deep gorge at Sunara crossing on its way to Dharwala from Chamba, the police said.
Subsequently, a First Information Report (FIR) under Indian Penal Code sections 279 (rash driving) and 304 A (causing death by negligence) was registered against Kumar at Bharmour police station, they added.
Chamba Superintendent of Police Monica Bhutunguru justified the registration of FIR against the dead person. She said the Investigating Officer (IO) might have gathered evidence that the accident occurred due to rash and negligent driving by Kumar.
As per routine practice under law, the FIR was lodged against him despite the fact that he is no more, she added.
Asked how the case is pursued in the court against a dead person, she said, “The routine investigation is done in the cases registered against dead persons as it has been done in other cases”.
Subsequently, the charge sheet is presented in the trial court and if the deceased is found guilty, the court proceedings are dropped, she said.
And if the dead person is not found at fault and someone else is found guilty during the investigation, an FIR is lodged against that person, she added.