Srinagar: A Court in Tangmarg has sentenced a tipper driver to one year’s simple imprisonment after convicting him of rash driving and negligence that had caused the death of a man eleven years ago.
The court of Judicial Magistrate 1st Class Tangmarg, Towseef Ahmad Mir convicted and sentenced Riyaz Ahmad Dar after hearing Sr Prosecuting Officer Salim Javid and counsel for the accused.
The Court noted that the prosecution has fully established beyond any shadow of doubt that the accused person caused the death of one Bilal Ahmad Magrey while driving the Tipper bearing Registration No. JK05-6067in a rash and negligent manner. “Thus, this court is of considered opinion that the charges against the accused person are proved to the extent of Sec 279, 304-A RPC. All the ingredients of Sec 279, 304-A RPC are fully made out,” it said.
The Court also ordered the convict to pay a compensation of Rs 50,000 under the relevant section of the RPC, now replaced by IPC to the legal heir of the deceased. The court also sentenced him to two months of simple imprisonment for the offence under section 279 RPC.
Observing that the sentences shall run concurrently, the court said: “If the fine and compensation amount is not paid, then he shall further undergo simple imprisonment for a period of two months”.
According to the prosecution, on 7 July 2012, police station Tangmarg received information from reliable sources that Magrey was hit and critically injured by a stone near stone crusher Shrai Nallah in Tangmarg. Magrey was later taken to Tangmarg Hospital where he expired.
However, according to the prosecution, the investigation revealed that Magrey had not died due to any stone but passed away after being hit by a Tipper (JK05-6067), which was driven by the accused at the time of occurrence.
After a formal FIR (No. 90/2012) was registered in police station Tangmarg on 14 July 2012,, charge sheet was filed on 19-12-2012 subsequently.