A Delhi court has convicted a former DTC bus driver for rash and negligent driving that led to the death of a man in 2021, observing that his actions were “manifestly and indubitably fraught with rashness.”
Judicial Magistrate Twinkle Chawla was hearing the case registered by the Inderpuri police station against the accused Karan Singh under Indian Penal Code (IPC) Sections 279 (rash driving) and 304A (causing death by negligence).
According to the prosecution, Singh was driving a DTC bus on DPS Marg near the NASC Complex in Inderpuri when he rammed into a two-wheeler from behind.
Amit Singh, who was riding the motorcycle with his brother riding as pillion, fell and was crushed under the rear tyre of the bus.
The court underlined that the impact was so immense that the victim suffered a skull fracture and had tyre marks on his chest and neck.
Noting the victim’s brother’s testimony, the court in its order dated August 17 rejected the driver’s defence that his vehicle was not involved in the accident.
It cited technical evidence, including the mechanical inspection of the bus, which had revealed “dried blood marks on outer surface of tyre, dried flesh, brain (matter) on inside arch surface of rear outer tyre.”
The court also pointed out that the accident occurred during peak morning hours and that the bus was not being driven in its designated lane.
“At any rate, there is no calibrated instrument of definite precision, which could give a clear arithmetical result so as to establish rashness or negligence. Every prudent driver understands that in case the vehicle is not slowed down, even after spotting a smaller vehicle ahead, while driving the vehicle at a high speed, the act is fraught with predictable dangers and the consequences may be disastrous.”
The court said it is incumbent upon a professional driver of a larger vehicle such as the CNG DTC bus to adopt extra care and caution so that the safety of other persons on the road as well as its own passengers is not jeopardised.
It said the accused did not apply the brakes in time and that there was no mechanical failure in the brakes of the offending vehicle, according to the mechanical inspection report.
“The accused did not bother to slow down the speed and failed to apply the brakes in time, resulting in the collision and thereafter, running over the victim,” the court said.
“This act of the accused was manifestly and indubitably fraught with rashness and negligence. Rashness and negligence are writ large and can unmistakably be inferred from the very fact that the accused rammed the offending vehicle into a much smaller vehicle, i.e., a scooty and also applied brakes only after the collision and after running over the victim,” the court said, convicting the driver of the offences.
The court has posted the matter to hear arguments on the quantum of the sentence on Monday.
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