E-Paper
Panchkula: Tractor-trailer driver gets 6 months jail in fatal mishap case
The accused, Kishanpal of Indira Colony, Sector 17, was held guilty under Sections 304-A (causing death by negligence) and 279 (rash driving) of the Indian Penal Code, but acquitted under Section 185 (driving under the influence of alcohol or drugs) of the Motor Vehicles Act
Despite two key witnesses turning hostile, a court of judicial magistrate in Panchkula convicted a tractor-trailer driver in a five-year-old fatal road accident case registered at Chandimandir police station.
The accused, Kishanpal of Indira Colony, Sector 17, was held guilty under Sections 304-A (causing death by negligence) and 279 (rash driving) of the Indian Penal Code, but acquitted under Section 185 (driving under the influence of alcohol or drugs) of the Motor Vehicles Act. He was awarded six months’ simple imprisonment under Section 304-A and a similar six-month term under Section 279 of the IPC. Both terms will run concurrently.
The court also declined to grant him the benefit of the Probation of Offenders Act (allowing a convicted offender stay in the community instead of prison on certain conditions), observing that taking a lenient view would send a wrong signal to society, as the act was grave in nature and capable of shaking the conscience of the public.
Biker was found dead on road
According to the prosecution, the accident occurred on July 23, 2020, at Dumping Chowk, Sector 23, Panchkula. A biker was found lying dead on the road along with his motorcycle. The body was later shifted to the mortuary at Civil Hospital, Sector 6, where the deceased was identified as Vasiudeen. Police registered a case against the tractor-trailer driver under Sections 279 and 304-A of the IPC, and also added Section 185 of the Motor Vehicles Act.
The prosecution case stated that eyewitness and complainant Dr. Arun Singla had initially told police that while he, along with his wife, was travelling on the route around 11.30 am when he saw a tractor-trailer, loaded with sand and coming from Sector 25, hit a motorcyclist from the back. The rear wheels of the trailer allegedly ran over the motorcyclist, causing fatal injuries. Passersby at the spot reportedly apprehended the driver, later identified as Kishanpal. The post-mortem report revealed that several internal organs of the deceased were crushed in the accident.
However, during trial, both Dr Arun Singla and his wife, Dr Pragati Garg, who was also cited as an eyewitness, retracted their earlier statements and claimed they had reached the spot after the accident had already occurred. They stated that they had not witnessed the incident and could not identify the accused. Both were declared hostile and were cross-examined by the prosecution, during which they denied making incriminating statements to the police.
Acquitted of drunken driving charges
On the issue of alleged drunken driving, prosecution witness Dr Narendra Singh testified that the accused was medically examined on the day of the incident and that the smell of alcohol was detected on his breath. However, during cross-examination, he admitted that such a smell could also be due to consumption of cough syrup or medicines containing alcohol. Based on this, the court acquitted Kishanpal under Section 185 of the Motor Vehicles Act.
Police witness testified that accused was nabbed by passerby
While noting that the ocular evidence failed to conclusively establish the accused’s presence at the spot due to hostile witnesses, the court observed that their depositions did confirm the occurrence of the accident. The court also relied on the testimony of police witness HC Vinod Kumar, who corroborated that the accused had been apprehended at the scene by members of the public. On the basis of the overall evidence, the court held the accused guilty of rash and negligent driving resulting in death and convicted him accordingly in its order passed on December 22.
