A Delhi court has upheld two-year sentence of a bus driver for crushing a woman to death in 2003 saying it criminal negligence on his part.
The court, which also upheld Rs 12,000 fine imposed on driver Jeet Singh, refused to take a lenient view towards him or grant him the benefit of probation, saying his negligence caused the death of a woman and injured her daughter.
"In this case, a woman had died after being crushed under the tyre of a commercial bus and her daughter was injured due to the act and negligence of the appellant (driver).
"Having regard to the totality of facts and circumstances, this court finds that it was not a fit case for grant of benefit of probation to the appellant," Special Judge V K Khanna said, adding no ground for leniency was made out.
The court also observed that it was an imperative duty of the driver to adopt reasonable and proper care while driving.
"Criminal negligence is the failure to exercise duty with reasonable and proper care and precaution guarding against injury to public generally or to any individual in particular," it said, adding there was no fault or illegality in the verdict of the magisterial court.
The court's order came on an appeal filed by the convicted bus driver.
While dismissing the appeal against the conviction and sentence, the court said "the aggravating circumstances in the present case are that the vehicle which was being driven was a heavy commercial vehicle and standard of care required on the part of appellant was on a higher footing."
The driver was held guilty of the offences punishable under sections 279 (rash driving), 338 (causing grievous hurt by endangering life of others) and 304A (causing death by negligence) of the IPC.
According to prosecution, Chand was going to his residence on a scooter along with his wife and daughter when the bus hit him on November 2, 2003 near Yamuna Bridge in east Delhi.
Chand's wife got crushed under the bus while his daughter suffered multiple fractures, it said, adding they were taken to a hospital where his wife was declared 'brought dead'. The court rejected Singh's plea that he was not driving the bus at that time saying he had failed to establish it.
