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One year jail term for driver in hit and run case
12/11/2009 10:28:22 PM
Early Times Report
Jammu, Dec 11: Holding accused Devi Singh son of Karan Singh of Hiranagar, truck driver guilty for his negligent and rash driving resulting into the death of Sushil Kumar son of Tulsi Ram of Peera Batote, Sub Judge Batote Rajesh Kumar Abrol convicted the accused under section(s) 304- RPC and ordered one year’s solitary imprisonment and simple imprisonment of six months u/s 297 RPC, besides a fine of Rs.2000. In default of payment of fine the accused shall also undergo three months imprisonment and all the sentences shall run one after the other and the accused be taken into custody, the Sub Judge ordered.
According to the case Batote police, received information from reliable sources on June 13, 2000 that a vehicle No. JK02-Q/9384 driven by one Devi Singh son of Karan Singh of Hiranagar, rashly and negligently from Srinagar towards Jammu hit a pedestrians Sushil Kumar Son of Tulsi Ram of Peera Bridge on NHW1- causing him serious injuries. The driver fled away after the commission of offence and the injured was shifted to Batote hospital and later succumbed to his injuries in district hospital Udhampur. FIR No. 75/2002 u/s 279/337 RPC was registered and the matter was assigned to Madan Raj Sharma for investigation. The accused was charge sheeted on August 17, 2002 wherein he denied the charge and the prosecution was directed to lead evidence in order to prove the case. On the basis of evidence and after hearing the arguments of both the sides, the then presiding officer of this court convicted the accused. Being aggrieved of the conviction the accused went in appeal before the court of Additional Sessions Judge Ramban from where the case was remanded to this court with direction to record the statement of accused u/s 342 Cr PC afresh and decide the case on merits under law vide judgment dated April 19, 2006.
The Sub Judge observed that after going through the statement of witnesses and the case file the court observed that all the witnesses have supported the occurrence and the case has emerged as a hit and run strategy adopted by the accused that perished the life of innocent boy for nothing while plying the offending truck on the road. The court further observed that the defence witness produced by the accused is of no use because the statement given by Gopal Singh is full of doubts and suspicion. Why accused left his own vehicle as alleged and occupied the driver seat of offending/accidental vehicle has not been explained by this witness. The query regarding identity of this witness as conductor is still unanswered because the accused has failed to produce the conductor slip of the witness for establishing the identity. The fleeing away of the accused after committing the accident reflects the cruel and inhuman conduct of the accused who needs exemplary type of punishment as a measure of deterrence.


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