SRINAGAR: In a comprehensive ruling, Fayaz Ahmad Qureshi, Chief Judicial Magistrate, Ganderbal has sent a tipper driver to more than five years imprisonment after convicting him for an offence under section 304RPC in a case of road accident. The driver was lacking the licence and the truck was lacking the route permit at the time of the accident that led to two deaths and injuries to a third person.
“Section 304-A RPC prescribes a minimum punishment of two years in case of death caused due to rash or negligent act where the driver does not have the licence. But considering the gravity of the offence and the conduct of the accused who fled from the spot, the manner in which the offence has been committed and the object of deterrence of the sentence, five years simple imprisonment shall be proportionate,” the judgment reads. “The punishment should not only be a deterrent but should also be commensurate to alleviate the pain of victim families. A punishment without any measure of compensation to the victim families shall be useless.”
The verdict was pronounced in a case registered by police in Ganderbal on December 11, 2013. It involved a tipper with registration No JK16/4098, driven by now-convicted Mehraj-ud-din Dar, a resident of Chundina, who was on his way from Ganderbal to Zazna. The truck collided with a motorcycle carrying three individuals on the general road of Bamloora, Ganderbal. As a result of the collision, all three individuals on the motorcycle sustained injuries. The tipper driver fled the scene with the vehicle, and the incident was attributed to the accused’s reckless and negligent driving.
Upon receiving this information, the police registered an FIR at the police station, citing offences under Section 279/337 RPC. The three injured individuals, namely Ishfaq Ahmad, Abid Bashir Wani, and Adil Majeed Shah, residents of Ganderbal, were taken to SKIMS Soura for medical treatment. Tragically, Ishfaq Ahmad succumbed to his injuries on December 11, 2013, while Abid Bashir Wani passed away on December 19, 2013.
During the investigation, the tipper and relevant documents were seized. Based on the investigation, the accused faced charges under Sections 279/338/304A RPC read with Sections 66/192 MV Act. The accused was arrested and subsequently released on bail. As the driver could not produce a driving license, an offence under Section 3/181 MV Act was added to the charges.
The case file indicates that on April 22, 2014, charges were formally framed against the accused for offences under Sections 279/338/304A RPC read with Section 66/192 and 3/181 MV Act. The accused pleaded not guilty, leading to the prosecution being allowed to present evidence. To date, the prosecution has presented 12 witnesses out of the scheduled 16.
After meticulous examination, the court found the accused guilty of multiple charges. Specifically, the accused is convicted under Section 304-A RPC, coupled with Sections 279 RPC and 338. Additionally, the accused is found to violate Section 3/181 of the Motor Vehicle Act. While the initial charge under Section 429 RPC was mitigated to a lesser offence under Section 427 RPC, the accused is now facing convictions under Sections 304-A, 279, 338, 427 RPC, and Section 3/181 MV Act.
Recognizing the need for a punitive measure that acts as a deterrent, the court deemed a five-year simple imprisonment as an appropriate penalty under Section 304-A RPC. This conviction is a consequence of the accused’s reckless actions and his subsequent attempt to evade responsibility by fleeing the scene.
Beyond the prison term, the court has mandated the accused to pay substantial compensation. A sum of Rs 10 lakhs is to be provided to the family members of each deceased victim, totalling Rs 20 lakhs. This compensation is intended to assuage the anguish of the families who lost their young boys in this tragic incident. Failure to fulfil this compensation within two months will result in an additional six months of imprisonment.
Further penalties include one month of simple imprisonment for the offence under Section 279 RPC, one year for the offence under Section 338 RPC, and a fine of Rs 25,000 for the offence under Section 427 RPC. Additionally, the accused is required to pay Rs 50,000 as compensation to the injured party, Adil Majeed, within two months, with non-payment leading to an additional three months of imprisonment.
Within the fine for the offence under Section 427 RPC, Rs 20,000 is earmarked for the rightful owner of the damaged motorcycle as compensation. An extra fine of Rs 5,000 was imposed for offences under Sections 3/181 and 66/192 of the Motor Vehicle Act, with non-payment subjecting the accused to 15 days of simple imprisonment.
The concurrent running of sentences applies to the offences under Sections 279, 338, 427, and 304-A RPC. The court has taken into consideration the period of the accused’s pre-trial arrest, subtracting it from the total sentence. The challan has been disposed of, and the vehicle, previously released on supurdnama, is to be fully handed over to the rightful owner, pending any higher court orders.
The bail granted to the now-convicted accused has been promptly withdrawn, and he has been sent to District Jail Ganderbal for imprisonment. The court emphasizes the significance of this judgment in curbing the rising instances of traffic-related menaces, highlighting the need for not only punitive measures but also compensatory actions to address the victims’ families’ plight.
Ms Nighat Maqbool led the prosecution and SM Mushteseen represented the accused in the case.
