Driver gets 1 yr jail for running over person

29/09/2019

JAMMU, SEPT 28: Chief Judicial Magistrate Samba Ajay Gupta has convicted Truck Driver namely Sat Pal for rash and negligent driving which had resulted in death of a person in 2009. he driver has been awarded one year imprisonment.
Pronouncing the judgment, the CJM Samba Ajay Gupta held the accused guilty of the offences for which he was charged.
"The Court has found the accused guilty for negligent and rash driving under section 279 and 304-A of RPC and is hence convicted with a simple imprisonment of one year and a fine of Rs 1000," the judgment reads.
It states that in case of default of payment, the accused shall undergo a simple imprisonment of one month.
CJM Samab after hearing Senior PO Anil Saini for the State observed that This fact has been established in view of the statements of the witnesses who have stated that the truck driver was driving his truck at high speed in zig-zag manner and one of the witnesses has also stated that firstly the truck was being driven on the left side and suddenly driver has turned the truck on the right side.
This fact has also been established in the statements of prosecution witnesses as well as defence witnesses who have stated that truck got turtle after causing the accident.
Thus, it has very well been established that the accused was driving his truck in rash and negligent manner at high speed as to endanger the human life and he has also caused the accident due to which one person namely Rajinder Singh had died and the other person Romesh Kumar had sustained serious injuries.
All the ingredients required for establishing the offence alleged against the accused have been proved by the prosecution.
Thus the prosecution has succeeded in making out a fool proof case beyond reasonable doubt against the accused and has established the offence alleged against the accused for the offence under sections 279/304-A RPC. JNF

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