Tangmarg: The Judicial Magistrate 1st class here on Monday awarded one-year imprisonment to the driver of a tipper truck for causing death of a young man by negligence in 2012.
The Judicial Magistrate 1st Class Tangmarg, Towfeel Ahmad Mir, convicted the driver, Riyaz Ahmad Dar, son of Abdul Khaliq Dar of Shrai Tangmarg, for offences under section 304–A and awarded him a simple imprisonment of one year. The convict was held further liable to pay a compensation amount of Rs 50,000 to the legal heirs of the deceased.
The court was of the considered view that in the facts and circumstances as revealed in the case “the accused is sentenced for the offence under section 279 RPC simple imprisonment of two months”.
Both the sentences shall run concurrently, ordered the court and directed the police to send the convict to the Central Jail Srinagar.
Senior Prosecuting officer Salim Javid informed the court that the driver, Riyaz Ahmad Dar, concocted a story in July 2012 at stone crusher Shrai Nallah that one Bilal Ahmad Margay was hit by a stone and was critically injured and died.
The family members of the deceased also refused to do autopsy or post-mortem on the dead body, said the prosecution.
However, during inquiry it was found that Magray was not hit by a stone but by a tipper truck (JK05-6067) which was driven by the accused Dar at the time of the occurrence.
Proceedings were initiated against the accused. The tipper truck was seized along with documents and statements of the eye-witnesses were recorded.
The accused was found to have committed offenses under section 304- A RPC and 279 RPC and 3/181 MV Act and charge-sheet was presented before the court.
The accused pleaded not guilty and sought trial. All the witnesses stated that it was the accused and his brother who made a concocted story that the deceased was hit by a stone.
He was reversing the vehicle which victim Magray came under which led to his subsequent death, they told the court.
After hearing the parties, the judge observed that the accused is first-time offender and without him there is no other person to look after his family.
He said that on the other hand, the court is also mindful of the fact that a young life was wasted only because the convict acted hastily and carelessly. He also attempted to fabricate a tale to explain to the family of the deceased Bilal Ahmad Margay that he was killed by a stone.
