Based on the testimony of son who saw his mother being killed in a road accident, judicial magistrate Pamelpreet Grewal awarded two-year jail to a Patiala resident, guilty of rash and negligent driving after nearly two years of the accident.
Taking strict note of the rash driving by Sandeep Singh, a resident of Thuha village in Patiala, the court also directed him to pay Rs 30,000 as compensation to Gaurav Johri, son of accident victim Kamlesh Kumari (45), who was hit by Sandeep's motorcycle while crossing road after he jumped the red light.
"The accused not only jumped the red light but was also driving at such a speed that he could not stop the vehicle by applying brakes, and hit the deceased who was crossing the road," ruled the court while awarding two-year jail under section 304-A (causing death by negligence) and six- month jail under section 279 (rash driving or riding on a public way). Both sentences will run concurrently.
The court further said, "Testimonies of the complainant, who is also an eye witness, along with the post-mortem report show that the victim had died due to injuries sustained by her during the accident. Thus, the death of victim was a direct and proximate result of the rash and negligent driving."
Unimpressed by plea of the accused, the court said, "The plea of the accused, that there was no zebra crossing on the road and hence the negligence was of the victim, is not tenable. It is established that the accused jumped the red light. The deceased was trying to cross the road when the lights were red and no vehicle was supposed to come. Therefore, mere fact that there was no zebra crossing is not sufficient to impute negligence upon the deceased."
The UT police had booked Sandeep on November 5, 2012, on the complaint of Gaurav Johri. In his statement to police, Johri said he along with his mother, Kamlesh Kumari, were going from Raipur Khurd. When they reached near the Airport turn light point, they waited for crossing the road.
When the light was red and the traffic had stopped, his mother was crossing the road ahead of him and a man riding motorcycle (the accused) jumped the right light in a rash and negligent manner and hit his mother.
Due to this, his mother fell down. The motorcyclist also fell down at some distance. The motor-cyclist came to the spot and disclosed his name as Sandeep Singh. Injured Kamlesh was taken to hospital where she was declared brought dead.
Accused blamed victim for accident
Sandeeep Singh, claiming innocence and false implication in the case, had in fact blamed accident victim.
Adding insult to the injury, Sandeep had said there was no zebra crossing on the road and hence, the accident had taken place due to negligence of the deceased.
What led to conviction?
The eyewitness account helped proved that the accused had jumped red light and accused was driving rashly
The mechanic's report proved involvement of the motorcycle being driven by Sandeep during the accident. Post-mortem report blamed injuries sustained during the accident as the reason of death.