Hit and run cases

The main purpose of whole forensic investigation of accident is to establish the `cause' of the
incident. The information obtained from it might be required for a number of following reasons;
⁃ Investigate the case
⁃ Either the victims or their family members want to know how accident take place
and also how they were injured or killed
⁃ Police or regulatory authorities might wish to fix responsibility and take
appropriate action against the guilty
⁃ The safety authorities might always be looking forward for improvement to
prevent a re-occurrence of accident
3. Problem

In forensic investigation of road accident cases, it is necessary to establish the following:

⁃ That an accident has actually taken place. It may not be a subterfuge to conceal
some other crime.
⁃ The identity of the location where accident took place, particularly on highways.
⁃ The identification of the vehicle in a "hit and run" case.
⁃ To identity the driver in a case where the owner of the vehicle alleges theft.

4. Sources of Physical Evidence in the Investigation of Road Accidents.

In the investigation of road accidents involving vehicles, physical evidences play a very
important role. Their nature therefore needs to be understood properly before they (Physical
evidences) are collected. They should be carefully observed, located and thoroughly
documented by means of making notes, sketches and photographs, and then collected. Almost
every type of clue (including trace evidence) can be found at the crime scene in accordance
with the Locard's principle of mutual exchange which states 'Contact leaves traces', in road
accidents or "hit and run" cases.

The major sources of the evidentiary material are as follows:

4.1 The Crime Scene

The following evidentiary material can be found at the crime scene:
⁃ The vehicle – may be one or more, its type, direction and position.
⁃ Track marks like tyre impressions of the four wheels, which are found either at
sharp turns or where the vehicle has been reversed.
⁃ Broken or damaged parts of the vehicle.
⁃ Greases and lubricants.
⁃ Glass pieces of various shapes and sizes.
⁃ Paint chips or smears.
⁃ Skid marks.
⁃ Dust, dirt or other debris, caked or otherwise, fallen from the suspect vehicle at
the time of impact.
⁃ Personal or vehicular articles left at the scene.
⁃ Drag marks of the loaded material (e.g., logs of wood or any other items).

4.2 The Vehicle

In most of the hit and run or accident cases the vehicle involved may carry traces from the
scene of occurrence or from the other vehicle involved, or the victim. Commonly the following
clues are found on the vehicles:
⁃ Finger and palm prints, tool-marks and fabric prints.
⁃ Hairs, fibers, bloodstain or skin pieces from the victim.
⁃ Small broken parts or fragments of the vehicle or the article hit.
⁃ Broken glass, paint, greases and lubricants from the vehicle, which was hit and
control samples from the suspected vehicle for similar articles to those left at the
scene.
⁃ Dust, mud and dirt from the scene of occurrence, from the victim or from the
driver.

Cigarette and 'Bidi' butts from the vehicle.

Mechanical fault in the vehicle.
Evidence related to changes in paint and numbers on registration plate, serial number on
engine and chassis.

Evidence related with overloading of vehicle.

The load on a vehicle may leave characteristic smell on the way through which it has moved.

The Victim

In addition to dust, dirt, paint, glass pieces, greases and lubricants and tyre marks, which may
be present on the clothes or on the body of the victim, the following important evidences can
also be found at the scene:
1. Injuries.
2. Blood, fibers, hair and skin for control samples.
3. Alcohol and narcotics in the body, if the victim had taken the same.
4. Signs of disease (from post-mortem report).

5. Collection of Physical Evidences.

After carefully observing the suspected vehicle, scene of occurrence and the victim, and
understanding the possible cause of accident; it is required to collect the evidences at the
earliest from the above sources with proper care and planning. The evidences may be lost in a
very short time span. The suspect can get the vehicle repaired or repainted immediately after
the commission of crime. The scene of occurrence would be tampered over by the traffic and
the victim may be cremated or buried.
In the systematic collection of the evidence, one should:

⁃ Before the collection of evidence, take photographs and make sketches of the
scene at the earliest without disturbing anything from the place.
⁃ The photographs and sketches should be taken in such a way that the location of
accident scene can be fixed by including some of the prominent fixed landmarks like milestone
or any hording etc.
⁃ The photographs should also be taken in a way to show the identity of the vehicle
(kind of vehicle, its number plate etc.).
⁃ Before taking away the vehicle, note down the reading of speedometer, record
the temperature of the vehicle, of the atmosphere and of the water in the radiator.
⁃ Ascertain the quantity of fuel in the vehicle, examine the whole area for any
physical clues and collect any loose evidence, which is likely to get lost in transit.
⁃ Examine other parts of the machinery thoroughly.
⁃ Collect various evidences like skid marks, broken parts of machinery,
bloodstains,
fibers, hairs and alcohol glass, paint, soil including dust and debris, greases and lubricants,
cigarette and 'bidi' butts from different sites separately and wherever necessary collect control
samples also.
⁃ Collected evidence should be documented with the help of notes and
photographs and then packed properly/securely in glass containers or cellophane envelops
depending upon the nature of the evidence.

Evaluation of Physical Evidence.

There is no single right way of evaluating any incident related to road accident, but it should
always be based on
1. Logic and
2. Feasibility
In road accidents, proper plans, keen observations and good photographs enable the
investigator to get a clear image of the scene, and are an essential first step in the analysis of
the incident. Proper planning and photographs provide:

⁃ Very important information to understand what the witnesses are saying;

⁃ The relationship between the marks, the person involved and the environment;
⁃ The investigator to develop his/ her own interpretation/ perception about the
events;
⁃ A source of data.
The evidence of eye witnesses needs to be reviewed carefully whether it can be dependable or
not. The investigator needs to consider the following also:
 ⁃ Whether they are consistent with their statements?
⁃ Are there any areas of agreement?
⁃ Are there obvious explanations for disagreements in their viewpoint?
⁃ Is there any information which will be required for subsequent analysis? For
example the state of traffic signals, the direction and speed of vehicles.

6.1 The Vehicle(s)

The condition of the vehicle(s) involved in the incident is important for two reasons:
⁃ Is the vehicle itself a cause of the incident?
⁃ Can anything be used to deduce the impact speed?
Besides the above, special attention is also required to be given to the following aspects
in thorough investigation of road accident:

Speed
Speed of the vehicle at the time of road accident can be one of the most important factors. It
need to be determined because of two primary reasons. First, speed itself can cause the crash.
An example of this is loss of control when cornering. Such accidents are usually caused by
driving too fast or either one or combination of the following reasons:

⁃ The ability of the driver

⁃ The performance of the vehicle
⁃ The condition of the road.
This is apparent when the car leaves curved skid marks of a vehicle cornering at the limits of
adhesion. The other principal reason for estimating the speed is to use it as a factor in the
analysis of the incident.
The speed can be calculated by the following methods:
⁃ From the length of skid marks;
⁃ From the radius of curved scuffmarks;
⁃ From the extent of vehicle damage.

Skid Marks

Skid marks are the marks left by wheels, which are no longer rotating (Fig-2&3). These marks
are characteristic in appearance and caused due to the wheels sliding across the surface of the
road. If all the wheels of the vehicle have locked, then it is only the friction between the tires and
the road surface that is slows down the vehicle. Skid marks are short-lived type of evidences,
which are left at the scene and play important role in the successful reconstruction of a road
traffic incident.

Curved Scuffmarks
These marks are formed when cornering force enables a vehicle to take a curved path. These
are generated by friction between the tires and the road surface or when maximum speed
exceeds, due to which the vehicle sideslips and leaves characteristic tire marks. These marks
are curved and have a pattern of diagonal striations across them. As soon as vehicle starts to
leave these scuffmarks, the driver in most of the cases loses control of the vehicle.

6.2 Extent of Vehicle Damage

The damage to the vehicle is mostly directly proportion to the speed i.e. the faster the vehicle is
traveling (when it hits something) the greater will be the damage (Fig-5). The extent of the
damage to the vehicles of similar size in similar impacts is comparable and is perhaps rather
more unexpected.

This provides another useful tool for determining the speed of vehicles in road traffic incidents.
Vehicle damage alone will not enable the exact speed of a car to be calculated as the extent of
the damage depends on the change in speed brought about by the collision.

6.3 Visibility
It is important that the driver of the vehicle and the pedestrian or the driver of the other vehicle
must have eye contact with each other. What needs to be investigated during evaluation is why
eye contact couldn’t be established? It may be due to certain obstacle; the height of the vehicle;
the driving position and even the height of the pedestrian. All of these factors can have a
significant effect on visibility. Thus while measuring visibility, the observer should have his or her
eyes at the same height as the witness and should be in the same lateral position on the road.
As far as possible, the target should be as similar as possible to the actual target in the incident.

After collecting the above mentioned physical evidences like fingerprints, glass, paint, soil,
physiological fluids, hairs, fibers, synthetic greases, lubricants, cigarettes and bidis etc. all of
them need to be documented and evaluated individually and thoroughly.
The most significant part of any investigation is the evaluation and interpretation of the
information obtained. It should be tackled in a more systematic manner and ensured that the
right/relevant and complete information is obtained and nothing should be overlooked. Care
must be taken not to exclude alternative believable explanations until sufficient information has
been collected to justify ignoring them.

7. Conclusions
As information passes through number of overlapping stages, Information obtained from one
stage may sometimes be reevaluated and corroborating one source of information with another
can modify the direction of the investigation. But at the end of this process, the investigator
should have a clear understanding of the incident and how it developed and be in a position to
explain it in clear and simple language.

Cases

The Salman Khan hit-and-run case was surrounded by various pieces of evidence and
testimonies, both for the prosecution and defense. Here's a breakdown of some of the key
evidence and testimonies that played a role during the trial:
Eyewitness Accounts: Several witnesses were examined during the trial. The prosecution's
primary witness, a police constable named Ravindra Patil, who was also Salman's bodyguard
and was in the car during the incident, initially claimed that Khan was driving under the influence
and lost control of the vehicle. However, he later became untraceable and passed away in 2007
due to natural causes, creating complications in the case.

Blood Alcohol Levels: Reports suggested that Khan's blood samples tested positive for alcohol,
indicating that he had consumed alcohol beyond permissible limits on the night of the accident.
Vehicle Damage and Position: The extent and nature of the damage to the vehicle were
examined to determine the cause and circumstances of the accident. The location and position
of the car after the accident were also considered evidence.

Statements by Khan's Driver: Ashok Singh, Salman Khan's driver, came forward 13 years after
the accident and stated that he was the one driving the car and not Khan. He claimed that a tire
burst caused him to lose control of the vehicle.

Forensic Evidence: To determine who was driving the car, forensic tests were conducted.
However, the results were inconclusive.

Retractions and Inconsistencies: Several witnesses who initially testified against Khan later
retracted their statements, adding to the complications in the trial.
Security Camera Footage: CCTV footage from the JW Marriott hotel, where Khan had been
earlier that night, was examined to gauge his demeanor and actions before the incident.
However, the footage did not play a significant role in determining guilt.
Car Documents and Licenses: The prosecution argued that Khan did not possess a valid driving
license at the time of the accident.
The Bombay High Court's decision to acquit Khan in December 2015 was based on its
conclusion that the presented evidence had ambiguities and was not strong enough to establish
guilt "beyond a reasonable doubt." The court found discrepancies in the testimonies of various
witnesses and pointed out that the prosecution had failed to prove that Khan was at the wheel
and inebriated at the time of the accident.

1999 delhi hit and run case

Six persons, including three police officers were killed by a speeding BMW E38 in the Lodhi
Colony area of Delhi, India, on 10 January 1999. After following trails of the engine oil, police
found the BMW at 50 Golf Links, the residence of Rajeev Gupta. It was then revealed that
Sanjeev Nanda, grandson of Indian Navy Chief and son of Indian arms dealer Suresh
Nanda[1][2] was driving the car after returning from a party with Siddhartha Gupta (son of
Rajeev Gupta), and Manik Kapoor.[3]
The vehicle's broken registration plate was found on the scene the next morning. Preliminary
investigations revealed that the car would have been going at 140 km/h when it hit the
victims.[7]
Within a few hours of the incident, Inspector Jagdish Pandey of the Police Control Room of
Delhi Police traced the car by trailing the oil leak to the grade from the spot of the accident.[11]
They found the one-month-old car, purchased in his sister Sonali Nanda's name, with foreign
number plates, which had not been registered in India. Attempts to clean it were still in progress.
Nanda and his friends were arrested, but his clothes, and those of the others who helped clean
the car, were never found. Nanda and his friends were charged with culpable homicide in
court.[8]

The case went up for re-trial and was tried on a fast-track basis. On 2 September 2008, Nanda
was convicted by a Delhi court for killing six persons. On 3 August 2012 the Supreme Court
reduced his prison sentence to the two years he had already spent in prison, but the court
added a large fine, and sentenced Nanda to do community service for two years

Reliance lawyer hitand run - Janhavi Gadkar, 35, a vice president with the legal team atReliance
Industries Limited, was returning from a party in her Audi Q3 when sherammed into a taxi in
which Salim Saboonwala, 50, and his family had gone outfor dinner, to a dhaba in Bhiwandi, as
his son had obtained over 90 per cent inhis SSC exam.

While Gadkar survived, as the Audi's airbags opened, leavingher with a few bruises, two people
from Saboonwala's family died and rest wereinjured.
She had then moved the Sessions Court, where her trial is still on. MumbaiRTO has terminated
for life the driving license of corporate lawyer JhanviGadkar in connection with the drunk driving
case.