By Asif Iqbal Naik, Kishtwar June 4:- Munsif Judge Kishtwar Vinod Kumar Baghat today awarded 18 months imprisonment to Javed Iqbal Waza an Auto Driver for rash and negligence driving resulted into the death of one person.
As per the prosecution details, Kishtwar police on 15-01-2007 received an information that the vehicle (Auto) bearing No: JK06-430 which was on its way from Kishtwar to Hasti being driven in a rash and negligence manner by the accuse Javed Iqbal Waza son of Abdul Wahid Waza resident of Wassarkund Kishtwar as a result of which the Auto sikked off the road and fell into an approximately 100/150 feet deep gorge at Hasti Morh resulted into injury to Mohan Lal Son of Gosainu Ram resident of Kuntwara, Bodh Raj Son of Gudyal resident of Hora Sandri, Ramesh Kumar son of Prem Nath, Bodh Raj son of Duni Chand both resident of Hadar Kuntwara and Mehmudu son of Ghulam Kumar resident of Rehal Passarkote Chatroo. Among the 5 injured Mehmudu succumbed to his injuries in the hospital. Subsequently Kishtwar police registered an FIR No: 5/2007 U/S 279,337, 304 A and produces the Challan before Munsif Court on 10-04-2007 under Challan No: 4-A/Challan.
After hearing Advocate M. H Waza the council for accuse, while announcing the quantum of sentence, the Munsif Judge cited the example of honorable SC announcement and particularly in Dalbir Singh Vs State of Haryana in 2000 (2) RCR (Crl.) 816 has thus frowned up on the idea of guaranting benefit of section 4 probation of offenders Act to a convicted person under section 304-A of IPC. After examining 12 witnesses out of 16, Munsif Judge Kishtwar keeping in view of the age of the victim, his family back ground and other attending circumstance, beside the nature of offence found him guilty of the crime and announce 3 month simple imprisonment and fine of Rs. 500 U/S 279 RPC, 3 months U/S 337 RPC and fine of Rs. 300 and one year imprisonment and fine of Rs. 1000 U/S 304-A RPC. The Judge in his order further stated that all the sentences shall run concurrently and subsequently discharged the bail bonds. The judge also handed over the custody of the convicted person to police with the direction to handover the convicted person to Kishtwar jail authorities to undergo the sentence. Before announcing the quantum of sentence, The Munsif Judge in his remarks stated that the road accidents have devastating consequences visiting the victims and the offenders; but also their families and stress that such type of desperate elements needs to be dealt with stern hand.