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| 1 yr imprisonment, 3000 fine awarded to driver for rash driving | | | Early Times Report
Batote: Feb 21
After hearing the eye witness and judging the procedure of both the counsels’, Chief Judicial Magistrate, Batote Rajesh Kumar Abrol in his decision found that evidence of the prosecution is strong enough to be believed and also inspire confidence in the mind of the court. He said that he found no lacuna in the evidence. All the eye witnesses have supported and corroborated the prosecution story beyond any suspicion and doubt. The deceased had almost crossed the ¾th part of the road and was about to reach at the other safer end of the road. The accused could not control the vehicle at the nick of the time due to it’s over speeding and careless, reckless attitude.
The deceased raised alarm by raising his hand in front of the offending vehicle, the accused without caring for the same struck the vehicle with him. It is also evident that deceased while crossing the road was visible from the distant place. The doctor witness has proved the injuries over the body of the deceased who also certified the injuries as resulted due to motor accident. In my opinion case of the prosecution is well founded and established on the basis of strong convincing reliable trustworthy consistent and genuine evidence. The IO in his examination has also proved the case in consistence to the prosecution story.
The timely reaction of the accused in making attempt to save the child by carrying him in his vehicle to the hospital speaks of good conscience and humane attitude on his part and he deserves some leniency on this count. The offences u/ss 279,304-A RPC have been proved against the accused who is accordingly convicted and sentenced to simple imprisonment for one year and fine of Rupees three thousand only. In default of payment of fine by the accused he shall further undergo simple imprisonment for six months. Both the sentences shall run concurrently. The Niab court for prosecution is directed to arrest the accused forth with and send him to Distt. Jail Udhampur for serving out the sentence. The Bail bonds are cancelled. The seized property if any shall be disposed of under law after the appeal period is over or as directed by the appellate court. The police challan is accordingly allowed. The file shall be consigned to records after due compilation.
Summarized fact of the case are that one boy Shokat Ali was hit by Tata Sumo No.9311-JK14 driven by accused from Srinagar towards Jammu in rash and negligent manner at Peerah, as result of which the deceased succumbed to the injuries while being shifted to hospital and accused was challaned U/Ss 279/337/304 RPC in this court on 14-10-2003 for its judicial determination. Prosecution examined eight witnesses in support of the challan, out of which PW Shamas Din has not corroborated the case while denying the mistake of driver he has further stated that the child Shokat Ali jumped all of a sudden in front of the offending vehicle, barring this witness all the witnesses have supported the prosecution in one breath.
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