Court of Judicial Magistrate First Class, Gurugram: In a matter involving offences under Sections 279, 336, 337 and 338 of the Penal Code, 1860 (IPC) and Sections 66/S, 192-A and 190(2) of the Motor Vehicles Act, 1988 (‘MV Act’) against the driver, Vikrant, Judicial Magistrate First Class convicted the accused and sentenced him after finding a prima facie case made out against him. The Court also found a prima facie case made out against the vehicle owner for agricultural tractor being used for commercial purposes.
It was alleged that on 17-09-2022, the accused drove agricultural tractor connected with a loaded open trolley having iron saria hanging out of it without number plate/ warning lamp, being used as a commercial transport vehicle in a different state’s city roads without permit. It was a case of rash and negligent driving endangering human life when a car rammed into the trolley causing simple and grievous injuries to its passengers and damaged the car. When charges were framed, the accused pleaded guilty and did not claim trial, and was thereby convicted for offences under Sections 279, 337, 338 and 427 of IPC and Sections 192, 192-A and 190(2) of MV Act.
The State Prosecutor submitted regarding tractors and truck trolleys causing a menace on city roads which generally lack radium tapes or lights installed on them leading to cases of cars and bikes ramming into them due to their inability to spot them. The Court acknowledged the increasing number of such accidents and highlighted the problem of over-loaded tractor trailers due to which, the truck/tractor driver becomes unable to see vehicles coming from behind, making it impossible for them to take a turn without hitting any vehicle.
With respect to the facts of the case, the Court commented that if a vehicle or biker rams into such trailers, the chance of survival is very bleak, and that the injured in the instant matter were lucky to have a close shave having survived grievous injuries. The Court cautiously acknowledged that using tractor trolleys for commercial purposes was in violation of MV Rules, which cannot be driven on motor way except for transportation of crops to the grain market. However, the tractor in the instant matter was being used in construction activity for transporting building material from Ghaziabad to Gurugram without any permit. The Court regarded such an act as grave negligence. It further said that “Passenger and public transport vehicle pay heavy amount as road tax and toll tax for using the motor way. If the agricultural vehicle for which no tax is imposed is allowed to ply on motor way, it would not only be injustice to the lawful users of the road, but also a great financial loss to the State exchequer.” The Court said that it was high time such cases of rash and negligent acts were dealt with strong hands to give a loud and clear message in the society not to compromise public order and safety for individual interests.
Therefore, the Court clarified the sentence and fined for conviction specific to the offences charged. It further directed cancellation of registration of the offending vehicle as ‘agricultural tractor’ with immediate effect, while giving the owner the option to get the same re-registered after payment of road tax applicable on commercial transport vehicles.
The Court further found a prima facie case made out not only against the driver but also against the owner of the vehicle under Sections 336 of IPC and Sections 192, 192-A and 190(2) of MV Act, and accordingly directed issuance of summons for facing trial.
[State of Haryana v. Jitender Kumar, 2023 SCC OnLine Dis Crt (Haryana) 6, decided on 15-11-2023]
Advocates who appeared in this case :
For State: APP Himanshu Yadav
For Accused: Advocate Nancy Chaudhary
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