[Indian2003]

Originally Posted by airbus

I think over-speeding is the main cause of this accident.

This is what happened to me about 6 years ago. I was over the speed limit by about 20 km/hour and by 5 km/hour at impact.. I was looking far ahead like I always do. I think I was in the bikers blind zone and he did not see me or he looked before I approached him or never looked at all.

He was one lucky guy. They made off but my dashcam captured his number plate and I did not fancy doing a police style chase.
Meanwhile the biker had claimed from his insurance company in Sweden claiming that a car hit him and ran away. They covered his repairs.

3 weeks later later I claimed and sent the footage to my insurance company. The bike was insured by company branch in Sweden. He never responded to 4 letters and the company accepted my claim.

He was riding a BMW Boxer and the left cylinder smashed my bumper. He had to pay back all the money they used to repair his bike and they were going to decide if they should kick him off as a customer because of the false claim.
They probably did as they do in all fraud insurance claims.

https://www.youtube.com/watch?v=7M2Nm8yToCo

[Sarvodaya]

Cutting Edge Stunt

https://www.facebook.com/tushar.keva...9116830183293/

[SenPai_GTi]

This happened with one of my schoolfriend on the early hours of 24th of March 2018.

There are two versions to this story with the reason for the different versions explained later.

The police/TOI version:

• Three students riding on two scooters without wearing helmet died and another suffered serious injuries after a speeding car collided head-on with their two-wheelers at Bhugaon on Paud Road in the early hours on Saturday.
• Two other friends of the victims riding on another scooter excaped unhurt as the car did not hit their vehicle.
• According to the police, the car driver lost control while overtaking another vehicle and it veered to the wrong side of the road and collided head on with 2 out of the three two-wheelers.

The Truth (my side)

It was a normal Friday evening, and they had just finished classes, waiting for the weekend mood to kick in. Since all of them were from the same college(all of them pursuing BBA), they often hung out together late into the nights. All of them were from decent middle-class families. That day, after a regular "Boys Night (gaming, movies, etc.)", they decided to head out and have dinner. It was around 12:00 am, they headed out towards Café CO2 in Bhugaon from Viman Nagar side. For those unkown, Bhugaon is known for its natural beauty and nightlife in resorts/hotels. It is situated on the outskirts of Pune, toward the west.

Now there were 6 people and three two wheelers, two people on each bikes. Two Honda Dios and one TVS Jupiter. All of them were well above 18 years old, had licences and none of them were in inebriated state. Their parents knew they were together and would be staying out late. None of them were carrying or wearing their helmets at the time. Their only mistake!

At around 1:30, near Chandni chowk, one of the two wheelers in front noticed a car speeding towards them on the wrong side. They didn't even get the time to register the fact that the car was driving toward their lane, when suddenly they hear a loud bang and screech, only to notice that their friends had been mowed down by this driver and dragged a significant distance. Panicked, they decided to call the police and some passer-by helped them call the ambulance and transfer all of them to the hospital where Kunal and Manas (Honda Dio) were declared dead on arrival and Shubham (my school friend) succumbed to his injuries the next day, while Dhruv (he was a pillion with Shubham on TVS Jupiter)was fighting for his life in the ICU for several days, and thankfully survived with broken ribs.

Now, lets come to the driver of the car(Mr. D). He was heading out towards his home in Bavdhan from Bhugaon after a bashing drinks and dinner party. He was in an inebriated state, which was noted by all those present on the accident site as well. He was driving like crazy in his black Honda Accord. Some say he was racing against another car(used to be a frequent menace in those areas), but these still remain as speculations. He was between the estimated speeds of 120-130kmph, when he collided with them. He survived the incident with minor injuries. He was a marketing head in his mid-20s at a good private company. Initially, the Police had refused to lodge a complaint at Hinjewadi police station, blaming the kids for not wearing a helmet. Looked like Mr. D had some high contacts. But due to public pressure, they lodged a case against him, but he was granted bail immediately. Now lets come to the facts.

• The boys were not wearing a helmet. Agreed, it was a mistake on their part. But,
• The car was riding at more than 100kmph, so no amount of safety gear would have saved their life, as evident by the pics that will follow.
• The driver was in an inebriated state and had good internal contacts, so much so that initially the cops had refused to lodge a complaint. And the media as well as police were stuck on the point that it was the kids fault that they were not wearing a helmet
• Till this date, no justice has been served.

Let the pictures explain the gravity of the situation.


The approx. location, although I can't seem to remember the exact spot.


Both the two wheelers found in as is condition (moved to the side walk).



Honda Dio (Manas and Kunal)



Tvs Jupiter (Shubham driver and Dhruv pillion)





The culprit Honda Accord in question
The incident link:

https://www.youtube.com/watch?v=eeKs-L6a4cw

(mostly in Marathi. Also contains one blurred intense picture)

Shubham was very bright and comical since his school days. He used to make us laugh with his witty yet lame jokes and was always seen surrounded by his friends. He had a very bright future ahead of him. Even as I type this post, I remember his smiling face, inviting me for a quick ice-cream break after school hours. RIP my friend!

This whole incident has had me shaken since. I had to travel(with helmet and all the safety gear) a lot at night (8-10 P.M.), on the Old Pune-Mumbai Highway due to my company bus leaving me 10kms away from home and earlier on the Pune Solapur Highway (9-11 P.M.), due to my college being almost 15kms away. Since I have a Honda Activa at home, I am always in the tension of crossing the highways quickly, while looking out for fast moving and wrong side vehicles. I will never get over the fear of riding a two wheeler at night, that's for sure.

Once again, the high society people prevailed and the judicial system failed.

[Gannu_1]

Originally Posted by SenPai_GTi

None of them were carrying or wearing their helmets at the time. Their only mistake!

And a costly one at that. Really sorry about the loss of your friends but riding without wearing helmets is just not done man.

[AutoNoob]

Originally Posted by SenPai_GTi

The Truth (my side)

Now, lets come to the driver of the car(Mr. D)... Looked like Mr. D had some high contacts.

Please mention real name and organization of Mr. D, unless there's a legal boundation to share the name.

Related News Article in Pune Mirror. [Link]
Name of all the young victims is mentioned in news, but name of the accused is conveniently missed.

Change.org petition in the matter. [Link]

[SenPai_GTi]

Originally Posted by Gannu_1

And a costly one at that. Really sorry about the loss of your friends but riding without wearing helmets is just not done man.

I completely agree with you, major part of their fault lies in this fact alone. I would never encourage anyone to ride without a helmet, infact I even carry a pillion helmet in my boot, just in case.

But blaming one side of the party will not be enough, since the other side had committed a more terrible offence, drink and drive on the wrong side of the road.

My point being that media only tells one side of the story, and we have to examine the other side of the story as well so that both the parties are assessed equally and fined for their actions. If A party is at more than 50% fault then he should be fined, but then this doesn't make B party's crime any less.

Originally Posted by AutoNoob

Please mention real name and organization of Mr. D, unless there's a legal boundation to share the name.

My apologies, I would rather not reveal his name and organization here, since I have no intention of defaming anyone. Having experienced such a situation at close, all I wanted to do was share the effect it has had on me and the problems that we faced first hand.

[Indian2003]

Originally Posted by SenPai_GTi

Initially, the Police had refused to lodge a complaint at Hinjewadi police station, blaming the kids for not wearing a helmet. Looked like Mr. D had some high contacts. But due to public pressure, they lodged a case against him, but he was granted bail immediately. Now lets come to the facts.
[*] The boys were not wearing a helmet. Agreed, it was a mistake on their part.

They should change the laws. In Europe you dont have to file a complaint if some is injured or killed. The police automatically starts investigations. It does not matter how well connected you are. If you are drunk, you are locked up and let go the next day. In case of injury or death you are produced in court and/or held in remand.

The boys were not wearing a helmet. Does that give anyone the right to kill them?

[AutoNoob]

Originally Posted by AutoNoob

Please mention real name and organization of Mr. D, unless there's a legal boundation to share the name.

Name of all the young victims is mentioned in news, but name of the accused is conveniently missed.

Found the name of the accused from video and more related news.
[Source]

The accused driver, who has been arrested by the police, has been identified as Darshan Jamdade, 25, a resident of Bawdhan.

Originally Posted by SenPai_GTi

My apologies, I would rather not reveal his name and organization here, since I have no intention of defaming anyone.

No need for apologies dear friend, I can very well understand your situation.

However, after reading the plight of the families, I couldn't stop myself from going into details. Dug out the case info, using keywords and court establishment information. Not sure, if this would be new information for you or will be of any help, still posting.

[Gansan]

I am saddened by the loss of such young lives. Very unfortunate. My condolences to the families.

But midnight is hardly a safe time for anybody to be about, leave alone young college students to be chilling out, especially on a national highway. All sorts of bad things can happen. Anti social elements may roam. Drunk drivers will be on the prowl. That is a time even the most experienced veterans will be wary to venture out.

The boys not wearing a helmet hardly counts. Even a full body armor would not have saved them from a head on collision with a car at high speed. Such a waste of young lives.

[mayankk]

Originally Posted by Gannu_1

And a costly one at that. Really sorry about the loss of your friends but riding without wearing helmets is just not done man.

Aren't these two offences here? One, of not wearing a helmet and riding.
But the second, is of driving drunk, speeding, jumping into oncoming lane and causing death.

Looking at the state of the bikes, I doubt that there would only be head injuries. Agreed that a helmet would have saved their heads, but the rest of the body couldn't have come through unscathed. Perhaps OP can tell, if it doesn't take him back to a bad place.

[sreenivass]

Not wearing a helmet is definitely an offence, insurance against head injuries. Drunk driving, going in wrong direction and causing death to other motorists is a deadly crime though.

[bblost]

Looking at the accident, it's highly doubtful that wearing helmets would have done anything to save these young men.

I hope there is justice and the murderer who was driving the car spends a long long time locked up in a prison.

[AutoNoob]

Originally Posted by mayankk

Aren't these two offences here? One, of not wearing a helmet and riding.
But the second, is of driving drunk, speeding, jumping into oncoming lane and causing death.

Originally Posted by sreenivass

Not wearing a helmet is definitely an offence, insurance against head injuries. Drunk driving, going in wrong direction and causing death to other motorists is a deadly crime though.

Given the way police has handled the case from beginning, I really doubt if the blood/ urine test was done in timely manner to establish alcohol levels at the time of accident.

In such cases, if right amount of service charge is offered, police delays the test sufficiently to negate any possibility of drunk driving being added in list of offenses.

That test is very crucial piece of evidence, without which no court will prosecute for drunk driving.

[JayPrashanth]

Originally Posted by SenPai_GTi

This happened with one of my schoolfriend on the early hours of 24th of March 2018.

There are two versions to this story with the reason for the different versions explained later.

Once again, the high society people prevailed and the judicial system failed.

Avoid Chandni Chowk-Pirangut stretch at night. It's a hotspot for drunken driving. Nearly no checking after 8 PM. Been like this for at least a decade.

Cheers.

Jay

[anjan_c2007]

Originally Posted by SenPai_GTi

This happened with one of my schoolfriend on the early hours of 24th of March 2018.

Now, lets come to the driver of the car(Mr. D). He was heading out towards his home in Bavdhan from Bhugaon after a bashing drinks and dinner party. He was in an inebriated state, which was noted by all those present on the accident site as well. He was driving like crazy in his black Honda Accord. Some say he was racing against another car(used to be a frequent menace in those areas), but these still remain as speculations. He was between the estimated speeds of 120-130kmph, when he collided with them. He survived the incident with minor injuries. He was a marketing head in his mid-20s at a good private company. Initially, the Police had refused to lodge a complaint at Hinjewadi police station, blaming the kids for not wearing a helmet. Looked like Mr. D had some high contacts. But due to public pressure, they lodged a case against him, but he was granted bail immediately. Now lets come to the facts.

Once again, the high society people prevailed and the judicial system failed.

Extremely shocking to know about the loss of young lives. The point that they were not wearing helmets, is a fault on the part of the youngsters. But please know that anyone cannot be spared against the due punishment for injuring or killing someone who was not following traffic rules. One cannot take law into his own hands. The law always asks "ok they were breaking traffic rules, what did you do to avoid your criminal act?" For insurance claims the victims can be questioned for helmets, but not by someone or his lawyer who was himself breaking many more traffic rules to create mayhem and kill youngsters.

As far as the police not co-operating with the relatives of the victims of the accident, please note that the Criminal Procedure Code (Cr PC) under which offences under the IPC are tried in the Criminal Courts by a Magistrate, under Sec 154, if a person has a grievance that the police in charge has not registered an F.I.R after being approached and requested, such a person can approach the Superintendent of Police (SP) under Sec 154(3) of the Cr PC. If still no action has been taken then such a person under Sec 156(3) can approach the Magistrate and file a criminal petition, making the concerned police officer/s and the accused respondents/ non applicants.

Our laws are very well legislated, though the corrupt accused tend to take undue advantage of ignorance of the victims and many use the undue influence of the high and mighty and so on that work unfortunately in our white ant infested system.

Quoting from www.lexology.com library

Section 154: Information in cognizable cases

Section 154 (1) Cr.P.C elucidates that any information relating to the commission of a cognizable offence if given orally to an officer in charge of a police station, shall be reduced to writing by himself or under his direction, and all such information, whether in writing or reduced to writing as aforesaid, shall be signed by the person who furnishes it.

Section 154 (3) Cr.P.C explicates that a complaint shall be given in writing or by post to the Superintendent of Police if any person is aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection.

The Superintendent of Police, upon receipt of such complaint if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code.

Section 156 (3). Judicial magistrate’s power to investigate cognizable case

Section 156(3) entails that any Magistrate empowered under Section 190 may order an investigation by a police officer performing its duties under Chapter XII of Cr.P.C

The above-mentioned sections highlight the chronology/series of remedies available to a person. Firstly, filing a complaint before the police official and secondly, in the event of failure of the registration of the complaint by the official, one shall approach the SSP/SP for the said purpose. However, if the complaint is not registered even after that, then the next remedy is to seek help from the Judicial Magistrate.

Hon’ble Apex Court citing various judgments has clarified the right approach for registration of FIR.

Court’s Observation

Hon’ble Apex court has observed that if any application under Section 156(3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and an appropriate investigation to be taken place, in the event where, according to the aggrieved person, no proper investigation was done. Under the same provision, the Magistrate may monitor the investigation to ensure a proper investigation.

From what I could gather, hearings have commenced in the competent JMFC Court in Pune since 2018 and have been going on. And a glaring omission seen here, that is most commonly made by the victims of such accidents. The accused Mr Vijay Jamdade is represented by a lawyer Vaibhav Subhash (first name not readable) while the poor victims who are petitioners as State of Maharashtra are represented only by the Asst Police Prosecutor (APP).

For heaven's sake do not ever commit this blunder. The student victims' parents need to immediately engage a good criminal lawyer (these days relatives/ acquaintances can help them find a reliable lawyer) apart from the APP who is arguing the case on behalf of the State Government. The APP is solely dependent on feedbacks by the police and their filed chargesheet on the basis of which he or she argues the case. Moreover, they are overburdened with many such cases every day and in most cases the lawyer of the accused tries to find loopholes in the police chargesheet and arguments by the APP to get his client acquitted.

It is also very evident that the police have not slapped the offence of drunken driving against the accused with a view to absolve him. This is another blunder as the breath analyser test has to be done within a specified time to detect alcohol exceeding 30 mg. per 100 ml. of blood by a breath analyser. The drunken driver is arrested by the police and produced for breath analyser tests. The accused needed to have been fined and also jailed. It is evident that such offences were not registered, nor they can be registered now three years after the incident. The amendment to the Motor Vehicles Act 1988 that were made in 2019 are much more stringent for drunken driving. This accident happened in 2018 though, when the amended law was not applicable, but the fine and arrest provisons existed then with suspension of licence. The new software now detects first, second or third (or more) drunken driving offence by someone concerned and punishments are much harsher.

The criminal lawyer engaged on behalf of the victim students can ask the police for a copy of the FIR, find loopholes, misrepesentations therein of facts and the law if any, that could allow the accused to get acquitted, rectify and place such errors in his reply/ rejoinder for necessary arguments before the Judicial Magistrate.