BMW case: order on framing of charge against Utsav deferred
A Delhi court on 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.delhi Updated: Nov 06, 2009 22:25 IST
A Delhi court on 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 eight.
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.