Two years RI in accident death case
JKUT (Jammu), December-30-2021-( JNF):- Observing that “a deterrent punishment is required in road accident cases”, CJM Pulwama Sandeep Gandotra has awarded two years rigorous imprisonment to a car driver.
The prosecution story in brief is that on 22-10-2013 at approximately 17:50 hours, and information from reliable sources was received at Police Station Pulwama to the effect that one Alto car bearing registration No. DL5CC-5694 was being driven by its driver Zakir Ashraf Bhat S/o Mohammad Ashraf Bhat R/o Gaberpora, from Pulwama towards Gaberpora and when it reached near Arigam, the driver could not control it and caused accident with a pedestrian Mohammad Qasim S/o Abdul Aziz R/o Arigam, Pulwama and injured him. Some passer byes have picked up the injured and took him for medical treatment to Pulwama hospital. This accident has been caused due to fast, rash and negligent driving by the driver.
CJM Pulwama Sandeep Gandotra after hearing both the sides observed that the accused is not entitled to the benefit of probation because a precious human life has been lost and a custodial sentence is required to be imposed upon the accused to meet the ends of justice. For the aforesaid reasons, the accused Zakir Ashraf S/o Mohammad Ashraf Bhat R/o Gaberpora, Pulwama, is convicted for offences under sections 279, 304-A and 426 RPC. The accused is sentenced to rigorous imprisonment for two year and a fine of Rs. 5000/- for the commission of offence under section 304-A of RPC; rigorous imprisonment for three months and a fine of Rs. 1000/- for the commission of offence under section 279 of RPC & rigorous imprisonment for one month and a fine of Rs. 500/- for the commission of offence under section 426 of RPC. In the default of the payment of fine amount for offence under section 304-A of RPC the accused shall further undergo imprisonment for 3 months; in the default of the payment of fine amount for offence under section 279 of RPC the accused shall further undergo imprisonment for 15 days; in the default of the payment of fine amount for offence under section 426 RPC the accused shall further undergo imprisonment for 7 days. All the sentences shall run concurrently JNF