A driver has been acquitted by a sessions court in a decade-old case involving an overloaded dumper. The incident occurred when a tire on the dumper burst, causing it to run over a mother and her son who were living on a footpath, resulting in their immediate death. The uncontrolled dumper subsequently collided with vehicles at a traffic signal on the Vikhroli-Jogeshwari Link Road, causing damage to 17 vehicles and injuring six individuals.
The Incident
The accused driver, Babu Kamble, had fled the scene along with the cleaner of the vehicle. However, he was apprehended on the same day and charged with various offenses under the Indian Penal Code (IPC), including culpable homicide not amounting to murder (section 304(2)), rash driving (section 279), and causing grievous hurt by endangering life or personal safety (section 338).
The Prosecution
The court, considering the burst tire as a mechanical defect, determined that Kamble had lost control of the vehicle, leading to the tragic incident where the heavy vehicle mounted the footpath. Additional Sessions Judge SP Shrikhande emphasised that the driver was unaware of the likelihood of a tire burst and classified the occurrence as a mere accident. The judge stated, "The occurrence of the accident itself does not imply that the accused had knowledge that it would result in deaths."
The Verdict
Furthermore, the court found that the prosecution failed to prove that the driver intended to cause the incident or had knowledge that his driving could lead to such an accident. The court also dismissed the notion that the tire burst was solely due to overloading of the dumper.
In addition to the charges filed by the MIDC police station, which included mischief causing damage to property (section 427 of the IPC), the court ruled that the mere establishment of damage to vehicles was insufficient to prove the charge. Regarding the offense of rash driving, the court noted the heavy traffic on the road where the fatal mishap occurred and concluded that it could not be said that a four-wheeler like a dumper could travel at high speeds on such a road.
