Stating that it was a case of accident, and not a rash and negligent act, a sessions court here has set aside a magistrate court order awarding two years’ imprisonment to a driver in a 2002 accident case.
According to the prosecution, the accused had while driving hit the divider leading to the death of a man on the spot.
Special judge Vrinda Kumari declared inadmissible the evidence of two of the prosecution witnesses as the accused had failed to examine them, while the third witness said the driver rammed the vehicle into the divider after he lost control due to the front left tyre bursting.
“The defence of the appellant convict is corroborated by the sole admissible testimony of the complainant. From the material available on record it appears to be a case of accident rather than a rash or negligent act,” the judge said.
