The Telegraph
Wednesday , January 22 , 2014
CIMA Gallary

Jail custody for assault driver

The auto driver arrested for hitting a woman passenger with an iron rod on Monday was remanded in six days’ jail custody on Tuesday after the magistrate observed that the “torture has exceeded the limit”.

Amir Ali, 25, has been charged with attempt to murder for assaulting Mousumi Kumbakar on the head with the rod after she contested his demand for more than the legitimate fare.

The attack left Mousumi, 32, with a gash that required five stitches.

At an Alipore court Ali’s counsel submitted that the magistrate had hit the woman out of “sudden provocation” and the act could not be called an attempt to murder.

“The victim was not known to the driver and he had no intention to kill her. Hence, this case should be treated under IPC Section 335 (causing grievous hurt on grave and sudden provocation) and not 307 (attempt to murder),” Ali’s counsel Tanmay Das submitted.

Section 335 carries the maximum punishment of four years in jail. On the other hand, a person convicted under Section 307 can be jailed for life. Before the public prosecutor could make his submission, chief judicial magistrate Sanjib Daruka said: “The torture has exceeded the limit this time.... If a person suddenly opens fire in a gathering, what should be done?”

The magistrate then rejected Ali’s bail plea and sent him to jail custody till January 27.