Investigation lapses—including failure to photograph the accident spot, document skid marks, road damage, and show the allegedly struck stone—came under sharp scrutiny as a Kalka court acquitted a Morni resident in a 2022 fatal road accident case.
Sub-divisional judicial magistrate Abhimanyu Rajput, in a judgment pronounced on September 15, observed that the prosecution failed to prove beyond reasonable doubt that Lekh Raj was driving the Ertiga rashly or negligently when it overturned near Burj Kotian, resulting in the death of passenger Mukesh Kumar.
The court specifically termed the lack of a photograph of the accident spot on record a “fundamental mistake” in the investigation. It also noted that the site plan was an unscaled, casually drawn rough sketch that did not indicate the dimensions of the road or the spot. No skid marks or road damage were shown, while the stone that the prosecution claimed the car first struck was neither depicted in the site plan nor photographed.
The court also highlighted the absence of medical evidence regarding injuries allegedly suffered by the other occupants of the vehicle.
According to the prosecution, the accident occurred around 1.30 am on June 5, 2022, when Lekh Raj and four others were returning from Morni to Panchkula in an Ertiga. The vehicle allegedly hit a stone due to high speed and rolled over several times. Mukesh fell out of the vehicle and later died of his injuries.
However, the prosecution’s key witnesses allegedly travelling in the car did not support its case during the trial. Manoj Kumar, Lalit and another occupant denied making statements to the police and did not identify Lekh Raj as the driver or testify about how the accident occurred.
The court observed that merely proving the death, the accident and recovery of the damaged vehicle was not sufficient to establish rash and negligent driving. It held that an eyewitness must establish the chain connecting the accused to the accident and explain the manner in which it occurred.
“Prosecution has failed to prove the charge against the accused beyond reasonable doubt,” the court held, giving Lekh Raj the benefit of doubt and acquitting him under Sections 279 (rash driving) and 304-A (causing death by negligence) of the IPC.
Brijender Gaur serves as a Senior Reporter, responsible for covering the Panchkula district. With 17 years of experience in journalism, his reporting focuses on administration, civic matters, crime, and legal affairs, with a particular emphasis on investigative journalism.Read More