Negligent driving: 2-yrs jail for Budgam tipper driver

Srinagar: A court in Budgam has sentenced a tipper driver to two years in jail after convicting him for causing death of person eleven years ago due to negligent driving.
The court of Chief Judicial Magistrate, Shiekh Gowhar Hussain, also imposed a fine of Rs 2000 on the driver, Bashir Ahmad Dar Son of Subhan Dar of Narkara Budgam.
According to the prosecution, on 19 October 19 2004, police received reliable information that a vehicle (JK01A-8315), driven by Dar, hit a motor-cycle (JK05-8606), leading to the death of Abdul Rashid Shah, one of the two persons riding it.
Police filed a case (FIR No. 360/2004 under section 304-A RPC and subsequently charge sheeted Dar on March 10 2005.
The accused pleaded not guilty to the charges and the court asked prosecution to produce the evidence to establish the case.
“I am of considered view that act of accused (Dar) was rash and negligent which resulted death of Shah on the spot,” the CJM said and convicted Dar for offence under section 304-A RPC.
While holding him responsible for driving the vehicle rashly and negligently, the court found that Dar did not stop after the accident and escaped from the place of occurrence.
“All the witnesses have stated that the accused was driving the vehicle while (he) denied in his statement recorded u/sec 342 of Cr.PC that he was driving the vehicle. As such no mitigating circumstance is present in the present case so benefit u/sec 562 of Cr.PC is not given to the accused,” the CJM said, underlining that the Supreme Court has directed all the courts not to take lenient view in the case of rash and negligent act.
Accordingly, the court sentenced Dar to 2-years in jail and fined him Rs 2000.
“The accused shall be detained in the Central Jail Srinagar. The period, if any, already spent in the jail shall not be counted in the present sentence. In case the accused fails to pay the fine, he shall further be detained for a period of two months,” the court said.