Chandigarh road rage: HC stays murder trial against Col MS Bains
The high court acted on the petition of Col Manvir Singh Bains, who had challenged the trial court decision of framing charges under Sections 302 (murder) and 304-II (culpable homicide not amounting to murder) of the Indian Penal Code (IPC).punjab Updated: Mar 03, 2018 14:47 IST
The Punjab and Haryana high court has stayed murder trial proceedings against an army officer, who was charged with the offence by a Chandigarh court in a case of road rage on February 16.
The high court acted on the petition of Col Manvir Singh Bains, who had challenged the trial court decision of framing charges under Sections 302 (murder) and 304-II (culpable homicide not amounting to murder) of the Indian Penal Code (IPC). The maximum punishment for murder is life imprisonment and 10 years for culpable homicide not amounting to murder.
- September 2, 2017: Parveen Yadav dies soon during scuffle on road
- September 2: Col MS Bains arrested for murder
- October 26: Challan filed
- November 11: Col Bains bailed out
- Feb 16, 2018: Trial court frame murder charges against the Col
- February 28: HC stays trial, seeks police response
Col Bains, 48, a resident of Phase 7, Mohali, was arrested on September 2 and booked for murder after a scuffle with Parveen Yadav, 38, on the dividing road of Sectors 34 and 35, Chandigarh, had led to the latter’s death.
Yadav, a distributor of electrical goods, was in his Chevrolet Beat, and the driver of a Skoda in which Col Bains and his wife were travelling asked him to stop and get out of the car. Yadav had collapsed in the ensuing scuffle and declared dead when he was taken to hospital.
The police had filed charges of culpable homicide not amounting to murder against the Col. However, the trial court observed that Col Bains “intentionally jolted, thrashed and slapped the deceased” and charged him for murder. Col Bains is currently out on bail.
Col Bains’ counsel Sartej Narula had argued before the high court bench of justice Sudip Ahluwalia that the decision of trial court was untenable as medical report had concluded that death was due to “natural causes”.
“Neither the FIR nor any other material collected during investigation even remotely indicates that the deceased was known to the petitioner earlier, and that for such reason, the petitioner (Bains) could not have had any knowledge whatsoever about the diseased condition of the victim(Yadav),” the court was told.
Narula further argued that Yadav died due to poor condition of his heart. “His heart was in such a poor condition that he could collapse at any point of time, even while driving or walking,” he had submitted, citing his medical report.
The high court while staying the proceedings before trial court has sought response from Chandigarh police by March 21.