New Delhi:
A local court has held a man guilty of causing death of a Delhi Police head constable's wife through his rash driving, saying "negligence is a case of inadvertence."
Metropolitan Magistrate Pankaj Sharma held Surender Pal, a resident of Janakpuri in New Delhi, guilty of rashly driving his Honda City car and causing fatal injuries to the 45-year-old woman, who was riding pillion on a scooter driven by her husband Daya Nand.
"Negligence is a case of inadvertence. Criminal negligence is the gross culpable negligence or failure to exercise with reasonable and proper care and precaution to guard against any injury either to public or to an individual.
"A person is negligent if he fails to exercise such care, skill or foresight as a reasonable man would exercise," the magistrate observed.
The court relied on the testimonies of the complainant policeman and his brother-in-law, who was also riding pillion and received injuries in the accident, and the post-mortem report of the victim, while holding Pal guilty.
"The testimony of injured persons is duly corroborated by medical evidence, inspection report of the vehicle, site plan and other facts. Further, accused has not brought any fact on record to show as to why injured witnesses would lie and frame him in a false case," it said.
It also rejected the accused's contention that the victim was not wearing helmet which was the actual reason for her death.
"Not wearing helmet may be traffic rule violation but if it is proved that a person gets injuries from a road accident due to rash and negligent driving of another person, the errant driver cannot claim immunity for the fact of non-wearing of helmet or any minor traffic violation by victim," the court said.
According to prosecution, a complaint was lodged by Daya Nand alleging that on March 7, 2009, when he was driving his scooter with his wife and her brother riding pillion, the accused came in his speeding car and hit them.
He said that the car hit them from the left near a T-point due to which all three of them fell from the scooter and his wife suffered fatal injuries.
Pal was arrested for the offences of causing death by negligence, rash driving and causing grievous hurt by endangering life or safety of others under the IPC.
During the trial, he had pleaded not guilty and claimed he was falsely implicated by the complainant.