A Delhi court has refused to set aside the conviction and sentence of a motorcyclist in a rash and negligent driving case which left a truck driver dead, saying “every driver should ensure they are not a menace on the roads.” District and Sessions Judge Ina Malhotra dismissed the appeal filed by Delhi resident Gajender Singh against the trial court order which had convicted him for the offence under section 279 (rash and negligent driving) and 304 A (causing death by rash or negligence) of IPC.
The trial court has awarded him 15 months simple jail term and Rs 3000 fine. “It is incumbent on every driver to ensure that they drive responsibly and are not a menace on the roads,” the judge said. The court held that the driving of the appellant (Gajender Singh) was not only rash and negligent but it was also reckless. “It is the duty of every motorist while driving on a public road to be in position to control his vehicle,” the judge said. The court rejected the contention of Singh’s counsel that it was on account of the deceased’s own negligence that he was standing besides his truck parked on the road and that was the reason for the collusion.
“The concept of contributory negligence is alien to criminal law,” it said. According to prosecution, on January 8, 2013 at about 12:30 PM when both deceased truck driver Hira Lal and his brother Hari Om were standing besides their truck parked in front of the CISF canteen at Inland Container Depot, here, Gajender Singh came on a motorcycle at a very high speed and rammed into Lal, causing him multiple injuries. After hitting the deceased, Singh lost his balance and fell down. He subsequently fled from the spot. Hira Lal was rushed to AIIMS, where he succumbed to injuries the next day