On Tuesday night a Bolero pick-up with an ML 04 registration took an intentional wrong turn from Raps Mansion towards the Secretariat instead of taking the diversion along the Accountant General’s office as is the rule. The driver of the pick-up was evidently trying to cut corners with the knowledge that no traffic policemen would be available at that time of the night which was about 10 PM. According to police the man had fled the scene but was later arrested. How however managed to get bail. This has been the story of killer trucks and vans in Meghalaya. The drivers do not face penalty even when they have run over a person or persons and their guilt is established, generally because the family members of the deceased don’t pursue the case and take it as sleight of hand and destiny.
Subhankar Dey who perished due entirely to the fault of the pick-up van was a young earning member of his family with an only daughter. He had a whole life ahead of him but that life was snuffed out simply because another driver did not obey or respect the one-way traffic rule. This is a grievous offence which the courts should take very seriously otherwise every other driver will flout the rules knowing how easy it is to get bail even while the trial is on. Generally the family members of the deceased might not wish to pursue justice since their loved one is dead and gone but they should be encouraged not to give up the fight because that fight to could save someone else’s life in the future and would deter other drivers from such criminal acts.
According to law if it is proven that the fatal accident was the result of rash and negligent driving a criminal case under Section 304 A of the Indian Penal Code which provides for offences relating to death due to negligence is to be filed. Section 279 IPC deals with rash and negligent driving punishable with imprisonment up to 6 months or fine up to Rs 1000 or both Rash driving or wilfully driving on the wrong side so as to endanger the life and liberty of another person is also punishable under section 336 , 337, 338 of IPC. Under section 338 IPC the killer driver is punishable with imprisonment of up to 2 years or with fine or both Prosecution has to prove that the car or vehicle was driven in a rash and negligent manner and in this case it is more than proven because the pick-up van was driving on the wrong side of a one-way road which he was not supposed to be driving on.
