Syed Nazakat Khaleefa
Ganderbal,26 December 2023: In a significant judicial ruling, the Court of Chief Judicial Magistrate Ganderbal has sentenced a Tipper driver to five years of imprisonment for the tragic and negligent incident resulting in the untimely death of two young individuals.
Presiding over the case, Fayaz Ahmad Qureshi, CJM Ganderbal, has further directed the convict to compensate the bereaved families with Rs 10 lakh for each deceased person. This decision reflects the court’s commitment to justice and acknowledgment of the profound loss suffered by the victims’ families.
The convicted driver has been remanded to Sub Jail Dignibal Ganderbal as part of the legal consequences arising from his involvement in the fatal accident, where two lives were lost due to the negligence of the driver.
In the final findings, the court has concluded that the prosecution successfully proved the charges under Section 304-A RPC, read with 279 RPC, 338, and the Motor Vehicle Act. The accused has been convicted for offenses under Section 304-A, 279, 338, 427 RPC, read with 3/181 M.V. Act. The court emphasizes that the punishment should act as a deterrent in addressing the alarming frequency of such traffic-related incidents.
The court also highlights the importance of ensuring that the punishment is not only a deterrent but also commensurate with alleviating the pain of the victim families. Section 304-A RPC, prescribing a minimum punishment of two years, underscores the gravity of the offense and the need for accountability in cases of traffic menaces.
This verdict serves as a reminder of the legal system’s dedication to ensuring justice, deterring future incidents, and providing some solace to the grieving families.
in case of death caused due to rash or negligent act where the driver
doesnot 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.
