No contravention of legal proceedings in Kejriwal’s arrest, rules Delhi HC
The court said there was no contravention of legal provisions regarding the arrest.
Two decades after an accident that claimed the life of a 23-year-old man, a Delhi court has upheld the conviction of a bus driver saying he has “snuffed a life” even before it could bloom, but reduced his sentence from a year to six months considering the prolonged trial.
The accident occured on September 5, 1997 when passenger Puran Chand was alighting from the bus near Fatehpur Beri in South Delhi and the driver negligently drove the bus ahead. The victim fell down and was crushed by its rear wheels.
A magisterial court had in 2015 awarded the driver Ramesh Chand a year in jail for the death and another six months for rash driving. The driver had challenged the order in the sessions court.
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Partly allowing his appeal, District and Sessions Judge Asha Menon reduced the one year jail term awarded to him for the offence of causing death by negligence to six months imprisonment, noting that he has faced a long trial.
“Certainly, this is not a case calling for probation. The deceased was a young man of 23 years. The negligent act of the appellant (convict) snuffed a life even before it could bloom properly,” the judge said, adding that his plea for a lighter sentence only because his family was dependent on him “is not acceptable”.
Possibly, the only fact in his favour would be that he has been facing trial since 1999 and has been regularly attending the court during this period, the court said.
While upholding the conviction of the driver for the offences under sections 279 (rash driving) and 304A (causing death by negligence) of the IPC, the court relied on the testimonies of prosecution witnesses.
“The testimonies of the witnesses show the complete negligence of the appellant in driving the vehicle… He had, clearly, not taken the ordinary care that is necessary and expected of a bus driver,” it said.
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