Srinagar- A court in Uri Baramulla has convicted and sentenced to two years imprisonment an unlicensed driver of a vehicle which had met with an accident more than a decade ago in the north Kashmir area, leading to the death of three persons and injuries to twelve others.
According to the prosecution, on 27 June 2014, a Trex vehicle (JK05B-8962), carrying passengers was on way from Uri when it went out of control from the hands of the driver namely Naseer Ahmad Kali of Balakot and fell into deep gorge near Thajal, leading to the death of 3 passengers and injuries to a dozen others.
Soon after the accident, police had registered a case (FIR No. 30/2014) for commission of offences under erstwhile RPC sections of 279, 337 and 304-A against the accused. Accordingly, after investigation, police filed a charge sheet against the accused before the court on 3 February 2015.
Subsequently trial commenced and after hearing both the sides, the presiding officer of Court Of Judicial Magistrate 1st Class Uri, Fozia Paul, convicted the accused driver Naseer Ahmad Kaali under Sections 279, 337, 338 and 304-A of RPC as well as 3/181 and 113/194 of M.V.Act.
“The accused was found without a valid driving license and could not produce the same before the I/O. As such, as given in proviso under section 304-A of RPC that where the death is caused by rash or negligent act by a person driving a motor vehicle without holding a driving license, the minimum imprisonment under this section shall be two years,” the court said, adding, “For that reason, it prompts me not to take a compassionate view in this matter.”
Accordingly, the court sentenced the convicted person to undergo simple imprisonment for a period of two years and imposed a fine of Rs 5000 under section 304-A of RPC. Further, the convicted person was sentenced to undergo simple imprisonment for a period of one month and fine of Rs. 1000 for the offence u/s 279 of RPC. In addition, he has been sentenced to undergo simple imprisonment for a period of one month under section 337 of RPC and to undergo simple imprisonment for a period of six months and a fine of Rs 1000 under section 338 of RPC. Also he has been sentenced to undergo simple imprisonment for a period of one month under section 3/181 of M.V. Act and fined Rs 2000 under section 113/194 of M.V. Act. “In case of default in payment of fine, the accused shall undergo further imprisonment for a period of six months,” the court said and ordered that all the sentences shall run concurrently.
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