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| Court upholds 3 yrs imprisonment to driver in accident case | | | Early Times Report
Jammu, Aug 4 : Principal Sessions Judge Jammu R S Jain today upheld three years imprisonment in an appeal filed by Ashok Kumar a tractor driver against judgment dtd 15/5/2013 passed by Judicial Magistrate Ist Class, Akhnoor whereby the appellant has been convicted for commission of offence u/s 279/338/304-A RPC.
Principal Sessions Judge Jammu R S Jain after hearing both the sides hold that the testimony of eye witness corroborated by the site plan observed that the court finds no reason to intervene in the impugned judgment of Trial Court in so far as finding the appellant Ashok Kumar guilty. The finding reached by the trial court after appreciating the evidence on record in holding the appellant guilty of offence u/s 279/338/304-A, RPC cannot be faulted with. For the aforementioned reasons, this appeal is without any merit and is dismissed.
The order of holding the appellant guilty of offence u/s 279/338/304-A RPC recorded by the trial court dated 15.5.2013 is upheld. Accordingly appellant Ashok Kumar, who is present before this court be taken into custody and sent to District Jail, Jammu to undergo the sentence so imposed by the trail Court.
According to prosecution case against the appellant are that on 25/3/2006 Police Station Khour received information that on 25/3/2006, an unnumbered tractor driven by an unknown person in a rash and negligent manner caused an accident at Chak Malal, Akhnoor at about 6.45 PM wherein the tractor hit a scooter (JK02AJ/436) driven by Jangi Ram who sustained serious injuries and died on spot, whereas the pillion rider namely Raj Kumar sustained serious injuries and after completion of investigation challan was presented and Judicial Magistrate Akhnoor on May 15, 2013 convicted the accused for commission of offence u/s 279/338/304-A RPC and sentenced to undergo imprisonment for six months and fine of Rs.1000/- u/s 279 RPC, imprisonment for six months and fine of Rs.1000/- u/s 338 RPC, and imprisonment for two years and fine of Rs.2000/- u/s 304-A RPC.(JNF) |
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