KOLKATA: The Calcutta High Court on Wednesday, while dismissing a plea by college-goer Arnav Choudhury to quash the culpable homicide charges against him, said a "prudent person" will always know that driving at high speed can lead to fatal accidents.
Choudhury is facing criminal charges after the vehicle he drove at high speed met with an accident in Ballygunge a little past midnight on November 14. The accident left his friend Jayantika Jhunjhunwala - a first-year college student like Arnav - dead.
Justice Bibek Chaudhuri, in his order, said, "A prudent person will not drive a vehicle at a very high speed, and in a dangerous manner, which he cannot control because a man of prudence has the knowledge that there is obvious chance of fatal accident if a car is driven at very high speed and in dangerous manner."
The judge also said that the initial police report indicated that the "car was being driven at such high speed from east to west that it had first dashed against the footpath and then collided with a milk van coming from the opposite direction, and then overturned."
The HC said Arnav "was driving the vehicle at utmost high speed in spite of having knowledge that such reckless driving may cause death of any by-stander or himself and his fellow passengers".
Jayantika's father Basant had lodged a complaint with the Ballygunge police on November 14, informing cops after the accident at 12.30am. In the complaint, he also said he had learnt that the vehicle was being driven at a "high speed and in a dangerous manner", which led to the accident.
Based on this complaint, police registered a case implicating Arnav on multiple penal charges, including culpable homicide not amounting to murder. Arnav's counsel Sekhar Basu argued before the HC that this offence could be causing death due to negligence, but not culpable homicide. Basu argued that the accident wasn't "willfully and deliberately" done, so it should not lead to culpable homicide charges.
Jhunjhunwala's counsel Sudipto Moitra, however, argued that Arnav knew that driving a car dangerously, at excessive speed, can cause a fatal accident. This accident led to a death, and injuries to two others.
Moitra said Arnav has moved HC two days after the FIR was lodged, and it is too early to quash any criminal case. He should wait till the probe is over, Moitra said.
The police, Moitra argued, have not been able to collect all the evidence relating to the accident. The culpable homicide charge can lead to a 10-year prison term while the death due to negligence charge has a three-year prison term.
The incident had taken place in front of Kusum Apartment at 11, Gurusaday Dutta Road. The vehicle - WB-02 AR-9165 - was found by police in an overturned condition on the pavement.
The car was severely damaged, and four persons were found at the spot - two boys, including Arnav, and two girls, including Jayantika. A milk van was also found with its left side damaged. Jayantika had died. Arnav was arrested after he recovered from his injuries a fortnight later.
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