Excelsior Correspondent
UDHAMPUR, Oct 31: Munsiff Judicial Magistrate Ist Class, Udhampur Amit Sharma today awarded two years simple imprisonment to driver of a tipper for causing death of a scooterist due to rash and negligent driving.
According to the brief facts of the case, on May 24, 2005 a scooterist namely Rajinder Singh, son of Jagjit Singh of Ward No.1 Subash Nagar, Udhampur was knocked to death by a rashly driven tipper bearing registration number JK02K-5244 near Cheri Sayal.
Accordingly, a case was registered and after completion of investigation challan was presented in the Court of law. The challan was later assigned to the Court of Munsiff Judicial Magistrate Ist Class Udhampur by the Chief Judicial Magistrate.
After hearing Bhupinder Singh, CPO and Prithpal Singh, PO for the State and Advocate B B Sharma for the accused, Munsiff Judicial Magistrate Ist Class, Udhampur said, “the court has moved at the conclusion that the prosecution has succeeded in proving offences against the accused”, adding “it is the duty of court to highlight that the alarming trend of day-to-day Motor Vehicle Accidents is a major concern of public at large”.
“The modernization has increased the use of vehicles on the road manifold. But the persons, who are driving the vehicles must have this fear in mind that if their rash or negligent driving causes death of any person then their liberty can be curtailed in accordance with law”, the court said, adding “it is quite pinching that many of those killed are only the earning members in the family and on their death their families become destitute and without means of any support”.
With these observations, the Court convicted the accused under Section 279/304-A RPC and awarded simple imprisonment for two year under Section 304-A RPC along with fine of Rs 1000. In case of default in payment of fine, the accused will further undergo simple imprisonment for a period of two month.
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