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HindustanTimes Thu,31 Jul 2014

After son’s death in accident, woman’s testimony nails accused

Shailee Dogra , Hindustan Times  Chandigarh , June 14, 2014
First Published: 13:33 IST(14/6/2014) | Last Updated: 13:43 IST(14/6/2014)

Having seen her son die after being hit by a speeding car, it was sheer determination of the mother that the person responsible for the death about six years back finally got convicted by the court.

On basis of the statement of Madhu Sikka, victim’s mother, who was also witness to the accident and identified the accused, judicial magistrate Pamelpreet Grewal on June 10 awarded two year jail to convict Jarnail Singh under Section 304-A (causing death by negligence) of the IPC.

“The Indica car coming from behind must have been driven at a high speed or in such a manner that the driver could neither stop it nor manoeuver it in a manner to avoid the rickshaw going in front. Since the car was coming from behind, the higher duty was upon it to drive in a way so as to avoid hitting the vehicles going in front. However, the driver of the car failed take the necessary caution,” observed the court while convicting Jarnail for rash and negligent driving leading to death.

Madhu Sikka stood witness to how the car driven by Jarnail Singh had rammed into the rickshaw on which her son Rajat was sitting, leaving him dead.

The court provided some solace to the mother that apart from convicting Jarnail Singh it also directed him to pay 50,000 as compensation to Madhu Sikka.

Claiming false implication, Jarnail Singh had prayed for lenient view and be released on probation. Unconvinced, the court conceding the gravity of offence sentenced him to two year jail. However, he was soon released on bail against bonds of 30,000 and was granted time to appeal against the conviction.

THE CASE

On October 10, 2008, the complainant, Madhu Sikka, along with her son Rajat left in their car from Yatri Niwas, Sector 17, Chandigarh. After their car ran out of fuel at the Sectors 16-23 dividing road, Rajat parked the car and hired a rickshaw to get petrol. When he returned, a silver-colour Indica car (PB-70-A-8280) hit the rickshaw from behind. Rajat, along with rickshaw puller, fell on the road and sustained injuries.The driver took a U-turn and sped away. It was when Madhu saw the driver of the car. Injured Rajat was taken to hospital where he succumbed to injuries.

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