Additional Sessions Judge (ASJ) Anuradha Shukla Bhardwaj modified the trial court order and released convict Kamaljeet on probation of good conduct with a surety of Rs 10,000 observing that he is a first-time offender and has to support his family.
"The accused (Kamaljeet) has suffered the rigours of criminal trial for almost eight years excluding the pre-charge sheet time. The record shows he did not run away from the spot after the accident.
"He is a normal middle class man of 58 years of age having dependent family members. In view of this, the order of sentence is modified," the court said.
Nirman Vihar resident Kamaljeet approached the sessions court challenging the order of a magistrate sentencing him to six months imprisonment along with a fine of Rs 10,000.
According to the prosecution, the accident took place on the night of December 4, 2004 at Vikas Marg here in East Delhi when Kamaljeet's car had hit victim Gangu Yadav who was crossing the road.
Hit by the car, Yadav fell unconscious and was rushed to hospital where he was declared brought dead.
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Kamaljeet had appealed against the trial court's order on the ground that he was not driving the car rashly and the victim was crossing the road from the point which was not meant for pedestrian crossing.
He also said he had already paid Rs 4.5 lakh with interest to the victim's family as compensation.
The ASJ partly allowed his appeal and modified the sentence by waving the jail term. It, however, directed him to deposit the fine amount of Rs 10,000.