Srinagar, June 26: A court in Tangmarg has convicted and sentenced a man for rash and negligent driving in which a person had died eleven years ago in north Kashmir’s Baramulla district.
According to the prosecution, on 7 July 2012, police station Tangmarg received information from reliable sources, one person namely Bilal Ahmad Magrey was hit and critically injured by a stone near stone crusher Shrai Nallah in Tangmarg. Magrey was later taken to Tangmarg Hospital for where he expired, police said.
However, subsequently it transpired following investigation that Magrey had not died due to any stone but passed away after being hit by a Tipper (JK05-6067), which was driven by the accused at the time of occurrence, the prosecution said.
On 14 July 2012, the prosecution said that a formal FIR (No. 90/2012) was registered under section 279, 304-A RPC in police Tangmarg. Later the charegesheet was filed on 19-12-2012, and the court of Judicial Magistrate 1st Class Tangmarg, Towseef Ahmad Mir, eventually convicted and sentenced Magrey today.
“…prosecution (have) fully established beyond any shadow of doubt that the accused person caused the death of one Bilal Ahmad Magrey while driving the Tipper bearing Registration No. JK05-6067in a rash and negligent manner,” the court said after hearing Sr Prosecuting Officer Salim Javid for police and counsel for the accused.
“Thus, this court is of considered opinion that the charges against the accused person are proved to the extent of Sec 279, 304-A RPC. All the ingredients of Sec 279, 304-A RPC are fully made out,” the court said and convicted the accused, Riyaz Ahmad Dar son of Abdul Khaliq Dar under section 279, 304-A RPC,” the court said.
Subsequently, the court sentenced Dar one year’s simple imprisonment for the offence under section 304-A RPC and ordered him to pay compensation amount of Rs.50,000 to the legal heir of the deceased. The court also sentenced him to two months of simple imprisonment for the offence under section 279 RPC
“All the sentences shall run concurrently. If the fine and compensation amount is not paid, then he shall further undergo simple imprisonment for a period of two months,” the court added.
