BMW case: Accused opposes charge framing under harsh provision

Utsav Bhasin, an industrialist's son, who is accused of ramming his BMW car into a motorcycle killing a man in 2008, today told a Delhi court that he cannot be charged under harsher penal provisions as he neither had knowledge nor intention to commit offence.

Senior advocate Ramesh Gupta, appearing for Bhasin, argued the charge of culpable homicide not amounting to murder cannot be framed against the accused as there was neither any knowledge nor any intention to commit the alleged offence.

Police have filed the chargesheet against Bhasin, son of a Haryana-based industrialist, under section 304 II (culpable homicide not amounting to murder) of IPC which provides for 10 years imprisonment as maximum sentence.

However, Gupta argued that Bhasin at the most could be charged under section 304A (causing death by negligent act) of the IPC. This penal provision attracts two years jail term or fine or both as maximum punishment.

Additional sessions judge Pinki has now fixed the matter for hearing of furher arguments on February 9. Earlier, the defence counsel had referred to a Delhi High Court judgment in the BMW hit-and-run case involving Sanjeev Nanda in which it was held that no charge for culpable homicide not amounting to murder could be framed against the accused if the knowledge and intention are absent.

Bhasin, who was driving his BMW car, had allegedly hit the motorcycle on Moolchand flyover in South Delhi, killing Anuj Singh, the motorcyclist, on September 11, 2008.