The Madurai Bench of the Madras High Court has directed the Deputy Inspector General of Police, Madurai, to take departmental action against the Investigating Officer (IO) for shoddy investigation in an accident case in Virudhunagar district.
Justice GK Ilanthiraiyan said that if the IO had retired from service, he should have paid a compensation of ₹1 lakh within eight weeks to the legal heirs of the deceased victim. The court said that if the compensation was not paid, the legal heirs can initiate appropriate proceedings to recover the same.
The prosecution’s case is that in 2010, a two-wheeler rider was fatally hit by a car. The car driver was arrested, and the trial court sentenced him to one year’s rigorous imprisonment for causing death by negligence. The Principal District and Sessions Court, Virudhunagar confirmed the sentence. Challenging the award, the driver filed the present petition.
The court found that the prosecution had failed to prove the accident itself and failed to examine any independent witnesses. The prosecution also did not record the post mortem report. Therefore, it failed to prove that the death was caused only by the injuries sustained during the accident.
It was very unfortunate to say that the IO did a shoddy investigation. Therefore, the conviction and sentence imposed on the petitioner cannot be sustained and is liable to be set aside, the court said.