Pulwama court upholds conviction of tanker driver for killing man in 2013

 Srinagar, Mar 02 (KNS): A local court in Pulwama district has upheld the conviction of a tanker driver for rash driving and killing a man from Soura area of Srinagar and injuries to other person on Srinagar-Anantnag National Highway in 2013.

As per a statement, issued to Kashmir News Service (KNS), Principal Sessions Judge Pulwama, Abdul Rashid Malik upheld the conviction of Sanjay Kumar of Ousu Udhampur under Section 304A/279RPC for driving a Tanker rashly and negligently and causing death of Shabir Ahmad Ahangar and injuries to Sameer Ahmad of—both residents of Anchar Soura at Keigam on Srinagar-Anantnag National Highway on April 04, 2013.
The statement reads that Principal Sessions Judge dismissed the criminal appeal filed by Sanjay Kumar on 31-10-2018 in the Court of Principal Sessions Judge Pulwama. 
It reads that the Court after hearing Public Prosecutor and Counsel for the accused, upheld the conviction and sentence awarded by the Trial Magistrate whereby Sanjay Kumar was convicted under Section 304A and 279 RPC and sentenced to 6 months imprisonment and fine of rupees 1000 for causing death of Shabir Ahmad Ahangar and injuries to Sameer Ahmad Dar on 04-04-2013 by driving the Tanker in a rash and negligent manner.
It reads that the Court while interpreting the definition of rash and negligent act in light of Section 304A observed that rash and negligent driving has to be examined in the light of the facts and circumstances of a given case and cannot be seen in isolation. 
“A person who drives a vehicle on a road is liable to be held responsible for the act as well as for the result. Even when the driver is driving at a slow speed but recklessly and negligently, it would amount to rash and negligent driving within the meaning of the language of Section 279 RPC because the legislature has used the words “rash or negligent as to endanger human life”.”
The convict was directed to appear before the Trial Magistrate on April 28, 2022 to receive the sentence. (KNS)

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