Mumbai: observing that because of “rough roads” the possibility of an accident even without the driver’s fault could not be ruled out, the judge’s court recently freed a driver of an autorickshaw 11 years after he was accused of killing a passenger of a senior citizen by his zigzag.
Driving in the Aarey colony.
“…
The road where the defendant drove a coarse autorickshaw.
Because of the road like that, the driver cannot run the vehicle smoothly.
Furthermore, because of the road like that, the possibility of an accident even without the driver’s fault cannot be ruled out,” said the court.
The daughter of the victim nasin bagdadi snehal desai and two danesh and sahil grandchildren survived injury.
Driver, Suraj Kumar Jaiswal (31), was ordered for causing death from negligence.
Bagdadi is the first informant in this case.
Doubts emerged during driving ‘rash’ automatic driver, said Courtshe told the police on June 7, 2010 that they headed to his son’s house in Mira Road.
He accused the defendant driving a high-speed autorickshaw.
Furthermore alleged that in front of a lake at Aarey Colony, Goregaon (East), the defendant lost control of the autorickshaw and crashed into a cement pole.
The vehicle was overthrown and Bagdadi suffered an injury to his chest.
He broke his ribs and also suffered an injury to his stomach.
Sneha was too injured in her left leg.
The family rushed to the hospital by passing people.
Bagdadi’s statement was recorded by the police.
The next day, he gave up on his injury.
While the driver was initially booked for a negative rash and driving, the accusation was enhanced to cause death from negligence.
Jaiswal denied the allegations and blamed “rough roads”.
Snehal and investigative officers depend on witnesses prosecution.
Snehal told the court that Jaiswal was not driving properly.
He said he was driving by zig-zag.
Snehal said after the vehicle was overthrown, a stick pierced his mother’s ribs.
Jaiswal escaped, he added.
The investigative officer said he had recorded Bagdadi’s statement and arrested Jaiswal after he died.
However, the court said that the two witnesses admitted that the road was rude.
“I further mentioned here that even though it was in accordance with the prosecution at the time of the incident accused of encouraging autorickshaw at high speed …
Snehal Desai had not stated that the defendant at high speed.
In the light of this discussion, doubts emerged about the prosecution that the defendant pushed the autorickshaw with Rash or negligent, “said Magistrate Court.
‘Cannot blame automatic drivers for death if the road is bad’
