A Delhi court today deferred its order on framing of charges against a Haryana-based industrialist's son who is accused of ramming his BMW car into a motorcycle, killing a man last year.
Additional sessions judge Pinki, who was to pronounce the order on framing of charges accused Utsav Bhasin, adjourned the matter to December 8. The court had on September 15 reserved the order after hearing the arguments advanced by senior advocate Ramesh Gupta, counsel for Bhasin, and the public prosecutor.
Gupta had opposed the prosecution's plea to frame the charge of culpable homicide not amounting to murder against his client on the ground that there was neither any knowledge nor any intention on the part accused to commit the offence.
He had referred to the Delhi High Court's 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 while commiting the offence.
The Delhi police had filed the chargesheet against Bhasin invoking stringent penal provision of the IPC Section 304 II (culpable homicide not amounting to murder) which entails 10 years jail term as the maximum sentence.
The prosecution, on the other hand, sought framing of the charge against Bhasin under the harsher penal provisions saying the life of an innocent person was lost due to the act of the accused.
Bhasin's lawyer had submitted the accused could only be charged under the IPC Section 304 A (causing death by rash and negligent act) which carries a maximum punishment of two years in jail.
Police had invoked the charges under Section 304 against Bhasin after Anuj Singh, the motorcyclist, succumbed to injuries received in the accident on September 11, 2008. Bhasin, who was driving his BMW car, had allegedly hit the motorcycle at Moolchand flyover in south Delhi.
Comments