Connect with us
Friday,18-October-2024
Breaking News

National News

Bombay High Court says, ‘Speeding not an offence, rash driving is’

Published

on

The Bombay High Court has upheld acquittal of a man whose car allegedly killed a cyclist and a bullock observing that driving a car speedily is not an offence; the act is punishable only if it is rash and negligent.

“Act of driving is punishable only when it is rash and negligent. Rashness implies speed which is unwarranted. Whereas the act of negligence involves not taking proper care and paying attention while driving,” observed Justice SM Modak early this month.

The HC was hearing appeal challenging acquittal of a Kuldeep Pawar
The HC was hearing an appeal filed by the State government challenging the acquittal of one Kuldeep Pawar.

According to the prosecution, on November 1, 2009, at 8.30am, Vasant Desai, owner of a bullock cart, and one Balaso Mane were cycling on a road near village Tasgaon. At the time, Pawar drove by in his Tata Sumo, at a speed, and allegedly dashed into the bullock and then into Mane. The police charged Pawar with culpable homicide not amounting to murder.

Pawar was acquitted on August 24, 2011. The state approached the HC challenging his acquittal. One of the passers-by testified that the car came speedily when it dashed against Mane and the bullock.

However, Justice Modak observed that the evidence has to be appreciated on the basis of other available materials.

Judge noted speed alone is not punishable
The judge noted that speed alone is not punishable unless the car is driven rashly and negligently.

The HC noted that the bullock cart owner and one of the eye witnesses gave completely opposite statements as far the directions of the bullock cart were concerned. That is, whether the art was heading south to north or vice-versa. The cart owner said he was going from north to south.

According to the spot panchanama, the bullock cart was lying on the southern side and facing the eastern flank. The panch witness, however, said that the bullock cart was found on the northern side of the road.

The HC noted that it could not conclude the directions in which the car, the bullock cart and the cyclist were going.

“With the assistance of both the sides (prosecution and accused), I am trying to understand the direction as per documentary evidence and the oral evidence. We have tried to understand it from various angles but we could not arrive at a particular conclusion,” noted justice Modak.

Advocate for Pawar said investigating officer is not an eye-witness
Aashish Satpute, advocate for Pawar, submitted that there were tea stalls at the accident spot; however, statements of none of these independent eye-witnesses were recorded by the police. The policeman, who was examined by the prosecution, is not an eye-witness to the incident and his evidence is only relevant to what he has seen after the incident, added Satpute.

The court felt that it was “really a strange state of affairs” — that, neither the Investigating Officer has prepared a map/rough sketch, nor “the trial court has taken pains in recording directions correctly in the evidence”.

“It is true that the consequences of the accident are the death of the bullock and the bicycle driver. For want of evidence, the trial court could not come to the conclusion about rash and negligent driving by the respondent. Even this court is unable to come to that conclusion for the above reasons,” said the HC while upholding Pawar’s acquittal.

Crime

‘Hum Bhaagna Chah Rahe The Fire Karke…Galti Hogayi Sir’: Bahraich Murder Accused Apologises To UP Cops After Being Shot Near Nepal Border 

Published

on

'Hum Bhaagna Chah Rahe The Fire Karke...Galti Hogayi Sir': Bahraich Murder Accused Apologises To UP Cops After Being Shot Near Nepal Border 

UP police on Thursday released a video showing the two accused Sarfaraz and Mohammad Talib, who allegedly killed Ram Gopal Mishra on October 13 in Bahraich, being taken to a police jeep after they were shot while trying to escape to Nepal. 

In the video, cops wearing bulletproof vests can be seen carrying both the accused who were writhing in pain after being shot in their legs. One of the accused can be heard telling the cops that they wanted to run away and that is why they fired at them. 

Amitabh Yash, Additional Director General of Police (Law and Order), Special Task Force, Uttar Pradesh told news agency that five accused in the matter have also been arrested. 

“A total of five people who are the main accused in the case have been arrested. A short exchange of fire took place in which two people were injured. The injured are Sarfaraz and Mohammad Talib. There is no death and the injured have been taken to the hospital,” Amitabh Yash said.

Injured accused admitted to hospital for treatment

ADGP (Law and Order), STF Uttar Pradesh said that two people were injured in the encounter and were admitted to a hospital for treatment.

SP Bahraich, Vrinda Shukla said that “5 people have been arrested. Two of them have been injured in police firing. I am here to assess their condition. One of the injured is Md. Sarfaraz, the other other is Md. Talib.” Ramgopal Mishra was killed while several others were injured after a clash erupted between two communities during the Durga idol immersion procession in the Mahasi area in the Bahraich district of Uttar Pradesh on Sunday.

Earlier today, Bahraich Chief Medical Officer (CMO), Dr Sanjay Kumar Sharma said that Ramgopal Mishra, who was killed in a clash that erupted between two communities during the Durga idol immersion procession in Bahraich, died due to “excessive bleeding”, officials said.

The CMO said, “The information that we have – that man died of excessive bleeding due to 25-30 pellets injuries. There are some injury marks above his left eye and on the toes. Some part of the nails of both the feet is also missing.” 

Appealing to not spread misinformation on social media, Superintendent of Police (SP) Rural, Pavitra Mohan Tripathi said, “To disturb the social harmony, misinformation is being spread on social media – there’s been a single death in the incident and the reason for death is also clear in the post-mortem report which is bullet injuries. I request people not to spread misinformation and also not to believe in any of such misinformation. The situation is peaceful in the district.” 

Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday said that providing justice to the family of the victim of the Bahraich violence is the government’s top priority, and the culprits will not be spared at any cost. He said this after meeting with family members of the deceased of the Bahraich incident in Lucknow.

The family has been provided Rs 10 lakh, a house under the PM Awas Yojana, and an Antyodaya card.

On October 16, Chief Minister Yogi Adityanath-led state government also initiated action against police officials.

According to the police, the procession was passing by a Muslim area when the two groups argued over some issues.

Continue Reading

National News

Assam Train Tragedy: 8 Coaches Of 12520 Agartala–Lokmanya Tilak Express Derail At Dibalong, No Casualty Reported; Visuals Surface

Published

on

New Delhi, Oct 17: The Mumbai-bound Lokmanya Tilak Express that left Agartala this morning derailed at Dibalong station in Assam at about 3:55 pm, a spokesperson of the Railways said.

“Eight coaches, including the power car and the engine of the train, got derailed. However, no casualty or major injuries have been reported,” the CPRO of Northeast Frontier Railway zone said. The accident took place in the Lumding-Bardarpur Hill section under Lumding division.

According to railway officials, Accident Relief Train and Accident Relief Medical Train have already left for the site from Lumding along with senior officials of the division to supervise the rescue and restoration works.

“Running of trains over the Lumding-Badarpur single line section has been suspended. Helpline numbers at Lumding are 03674 263120, 03674 263126,” the CPRO said.

Continue Reading

Maharashtra

Election Commission To Announce Poll Dates Of Maharashtra, Jharkhand Assembly Elections Today

Published

on

News Delhi: The Election Commission of India is set to announce the dates of elections for the Maharashtra and Jharkhand assembly elections on Tuesday, October 15. The announcement on the dates of the crucial polls will be done by ECI through a press conference scheduled at 3.30 pm today. The poll officials are also expected to announce bypolls for three Lok Sabha seats and 12 Assembly seats of UP and Gujarat today along with the polls for the two assemblies.

When Do Assembly Terms End For Both States?

The Maharashtra Assembly’s term is set to conclude on November 26, while on the other hand, the Jharkhand Assembly’s term will end on January 5, 2025. Maharashtra has a 288-member Legislative Assembly, while the state of Jharkhand consists an 81-seat Assembly.

Crucial Battle In Both States

In Maharashtra, the ruling Mahayuti coalition, which consists of the Bharatiya Janata Party (BJP), Shiv Sena and the Nationalist Congress Party (NCP), will face off against the Maha Vikas Aghadi (MVA). The MVA is a coalition of the Congress, the Sharad Pawar-led NCP-SP and the Uddhav Thackeray-led Shiv Sena (UBT).

In Jharkhand, the ruling Jharkhand Mukti Morcha (JMM), a key part of the opposition INDIA bloc, will be up against the National Democratic Alliance (NDA). The NDA in Jharkhand includes the BJP, All Jharkhand Students Union (AJSU) and Janata Dal (United). Both states are gearing up for high-stakes elections, with major political alliances vying for power.

Congress Reviews Poll Strategy In Maharashtra

The Congress central leadership, on Monday, held a meeting to assess its preparations for the upcoming Maharashtra Assembly elections. The meeting, chaired at party president Mallikarjun Kharge’s residence, included senior state leaders and was attended by Leader of Opposition Rahul Gandhi.

During the discussions, the Congress leadership reflected on lessons learned from the Haryana elections, particularly focusing on addressing caste-related issues. The results of the Haryana elections and their potential impact on expectations within the Maha Vikas Aghadi (MVA) alliance, which includes the Shiv Sena (UBT) and the NCP (Sharad Pawar faction), were also reviewed.

A key decision made during the meeting was the commitment to maintain the MVA alliance despite any challenges. Prominent Congress leaders like general secretary KC Venugopal and Maharashtra in-charge Ramesh Chennithala, along with state figures including Maharashtra Pradesh Congress Committee president Nana Patole, former president Prithviraj Chavan and Leader of Opposition Vijay Wadettiwar, participated in the meeting.

BJP To Release 1st List Of Candidates Soon

Meanwhile, the Bharatiya Janata Party (BJP) is preparing to release its first list of candidates for the Maharashtra polls, expected to include over 60 names. This list will be finalised by the party’s central election committee (CEC) in the next two days.

A meeting led by BJP national president JP Nadda and Union Home Minister Amit Shah was also held in New Delhi yesterday, where key leaders from the party’s Maharashtra unit and state election in-charges Bhupender Yadav and Ashwini Vaishnaw were present. The BJP’s Maharashtra unit has already shortlisted around 100 candidates, including sitting MLAs, for the CEC’s consideration ahead of the elections.

Continue Reading
Advertisement
Advertisement

Trending