Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
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The claimants are also relying on statement of respondent no.01 dated 10072014 recorded by police. The said statement appears to be part of chargesheet of which certified copy had been produced. The said statement has been taken as statement of the accused and therefore, for criminal case, it may not be admissible in evidence. As regards civil case is concerned, no doubt, the question arises as to whether in absence of examination of the person who had recorded it, whether it can be read in evidence, that too, without deciding whether certified copy of such statement can be read in evidence. It appears that from this angle, submissions were not made before the Tribunal. Even if for the sake of arguments, we take the said statement as it is, in which it was stated by respondent no.01, that due to the dash of his motorcycle to the motorcycle driven by deceased, deceased as well as his pillion rider fell down; statement is made that after they had sustained injuries, he immediately asked Ratnakar and Ganesh, as to what is their name and then came to know about their names and then he had called some other persons and made arrangements for medical help. That means, he intended to say that Ratnakar as well as Ganesh were conscious when he made enquiries with them.
This is contrary to what has been stated in the FIR. In the FIR, it is stated that after they fell down from the motorcycle after the dash, they had raised hue and cry; however, motorcycle rider did not stop and fled away. Under such circumstance, how the claimants can rely on his statement, is a question, rather it gives an example as to how the vehicle belonging to respondent no.02 has been involved in the case. Ultimately, respondent no.01 says that he will not be able to say how the accident took place and who was at fault. Therefore, the alleged connection between the medical examination of respondent no.01 and the accidental injuries caused due to the accident, cannot be said to have been established merely by producing the injury certificate as well as statement of respondent no.01 taken by police. The police head constable who had taken his statement, has not been examined by the claimants for the reasons best known to them. {Para 11}
12. The chargesheet also contains statement of respondent no.02 which is alleged to have been taken on 07-07-2014, who has echoed thereafter with claimant no.03 Ganesh and then has stated that respondent no.01 had carried out repairs to his motorcycle and then handed it over to respondent no.02. Again, at the cost of repetition, it can be said that without examining the said police constable who had recorded statement of respondent no.02, his statement cannot be considered. This is with the fact, that in their written statement, respondents no.01 and 02 have clearly denied involvement of the motorcycle bearing no. MH17/AY9996 in the said accident.
13. Again, coming to the point regarding delay in lodging the FIR, it can be seen that the fact of death of Ratnakar was informed to police and thereafter enquiry under Section 174 of the Code of Criminal Procedure was conducted wherein the inquest panchanama was carried out and then the dead body was sent for post mortem. Important point to be noted is that when on that day i.e. on the day when inquest panchanama was prepared, there was an opportunity to the claimants or on behalf of them, FIR could have been lodged against unknown vehicle. Same has not been done. Whatever FIR has been lodged on 23-04- 2014, is also against unknown person. Therefore, this clear delay in lodging the FIR and then not examining the police constable who had recorded the statements of respondents no.01 and 02 or the Investigation Officer, is required to be viewed against the claimants.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
First Appeal No. 0186 of 2019
Kavita Ratnakar Ghodke, Vs Sandip Sarjerao Jadhav,
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 15TH JULY 2019.
