New Delhi: A Delhi court has refused to set aside the sentence of a driver of a commercial vehicle for causing death of a person by driving negligently and injuring another 15 years ago.
However, the court took a lenient view and modified the six-month-jail term to three months while taking into account the protracted trial.
"Considering the fact that appellant has a family to support comprising of three kids besides his wife; that he is the sole bread earner of his family; he has faced the agony of trial since 2000 and that he is not a previous convict, I am inclined to take a lenient view towards him," Special Judge Praveen Kumar said.
The court, while upholding the conviction of truck driver Kamal Kumar Pandey, maintained the compensation of Rs one lakh to be paid by him to the victim's family members as directed by a magisterial court.
"The compensation as ordered by the trial court is maintained. Appellant(Pandey) be taken into custody and sent to jail," it said.
The court disposed of Pandey's appeal against conviction and sentence of six months for the offences under sections 279 (rash driving), 337 (endangering life or personal safety of others) and 304A (causing death by negligence) of the IPC.
It rejected the defence taken by him that the brake of his vehicle had failed, saying it was an "afterthought defence".
The court, while upholding his conviction, also relied on the testimony of the investigating officer, an eye witness, mechanical inspection report of the vehicle and post-mortem report of the victim.
According to the prosecution, on June 17, 1999, Pandey was driving his light truck near Lawrence Road in north-west Delhi here in a rash and negligent manner hitting a cycle from behind on which one Joginder was riding pillion.
The truck dragged Joginder for a distance due to which he died on the spot while Vijay, the cycle rider, suffered injuries.