Awarding a year of rigorous imprisonment, Metropolitan Magistrate (MM) Pawan Singh Rajawat refused to release the convict, Mohammed Saleem, on probation saying he caused "the accident due to which Gurnam Singh, 35, died on the spot".
"Accordingly, keeping in view the facts and circumstances of the case, no grounds for releasing the convict on probation are made out as he was driving the offending vehicle and he should have the knowledge that by his rash or negligent act, precious lives of other road users may be put to danger." the court said.
"The prosecution has successfully proved the allegations against Saleem beyond doubt," the court said.
The court, however, allowed Saleem's plea to suspend his sentence and released him on bail till July 4, 2012 to enable him file his appeal against his conviction and sentence.
The case against Saleem dated back to October 19, 2004, when he ran over pedestrian Singh, while driving a SUV Qualis, causing his death.
During the prosecution evidence, Saleem admitted his guilt and accepted that he was driving the offending vehicle after repairing it as he was car mechanic by profession.
He added that he was just checking the vehicle, which turned over due to shortage of necessary air pressure in the rear tyres.
He also admitted that he along with the offending vehicle was correctly identified by all the witnesses and stated that he did not wish to lead defence evidence.
