Excelsior Correspondent
KATHUA Jan 23: Chief Judicial Magistrate, Kathua, Amarjeet Singh Langeh convicted one person of rash driving that caused the death of an innocent after a trial period of seven years.
Accused namely Ranjeet Singh S/o Kapoor Singh, R/o village Lachipur tehsil and district Kathua was booked in case FIR No. 346/2010 for causing death by rash and negligent driving and endangering human life. Accused allegedly caused death of one Ashok Kumar near hotel of Suresh Lal at Kathua on January 14 in 2010 while driving tipper bearing Registration Number JK08-5192 in rash and negligent manner as a result of which FIR was registered against him and investigation started.
After investigation, police presented the challan in the Court on January 28,2011. While according full credence to evidence of eye witnesses, court observed that “the account portrayed by three eye witnesses established that vehicle in question was being rashly and negligently driven by accused as a result of which Ashok Kumar was hit and dragged and then succumbed to his injuries.
The tone and direction of three eye witnesses is in unison and their testimony therefore is confidence inspiring”. Accordingly Court sentenced accused with rigorous imprisonment for two years for offence under Section 304A of RPC and fine of Rs 4000/. Sentence of rigorous imprisonment for three months was also imposed on accused under section 279 of RPC. Further simple imprisonment for three months and 15 days respectively was also imposed in case of default in payment of fine.
Relying on Supreme Court judgment , court further observed that latitude shown to defaulting drivers in case like one in hand would only tempt them to make driving frivolous and frolic. Court also denied extension of benefit of probation to accused in light of Supreme Court judgement in 2008 (5) SCC 730. All sentences supra run concurrently, observed by the court.
Vikraant Sharma Chief Prosecuting Officer and Manmohit Sharma Senior Prosecuting Officer represented State in the case.
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