It’s ‘culpable homicide’ in drunk-driving case: Cops

MUMBAI: The MIDC police remained firm about their decision to book courier company manager Lalit Sharma (22) for culpable homicide not amounting to murder under the Indian Penal Code’s Section 304 (II). Sharma, who was driving under the influence of alcohol, had mowed down two men at Marolin theweehoursof Monday. The Andheri magistrate court on Monday had suggestedthatthechargebe reducedto Section 304A,for causing death by negligence.Sharma will be produced in court again on August1.
Senior MIDC policeofficers informed Mumbai police commissioner Arup Patnaik about their decision on Monday after the court questioned whether the case was fit for Section 304 (II) and whether the police had examined it thoroughly enoughbeforelevying thecharge.In particular, the court asked if the accusedhadcommittedthe crimewith prior intention.
The court recommended that the police reconsider their decision and examine whether Section 304A should be applied instead.
S L Hujband, MIDC police senior inspector, said, “Sharma’s medicalexamination confirmed that he had consumed alcohol. Sharma, in his statement, confessed that he was drunk and driving at over 110kmphwhen hiscar lostcontrol on reaching the Vijay Nagar flyover in Marol. Himlal Khanal(44) andMeen Bahadur Chhetri (51) were knocked down around 12.20am. Section 304 (II) was also applied in the case of Alistair Pereira when his car knocked down several on Carter Road. This case, too, standson similar grounds.”
Hujband further said that Sharma is an educated professional and knows the consequences of drunk driving, as severalsuchcaseshavebeen reportedin the recent past.
Inspector Ashok Kadam, who reached the spot soon after theincident,said the police had collected blood samples and other evidence from the accident spot,which willbe produced at the time of filing the charge sheet. “The mob got violent after the two,who were cousins, were killed. Chhetri was dragged for some distance while Khanal was thrown off the bridge after being knocked down.”
The victims were returning home from their respective workplaces when the accident took place. “The car was speeding and due to the impact, Khanal uncle was thrown off the bridge while Chhetri uncle’s head got stuck in the windscreen of the car and he was dragged some 50 metres before the car stopped,” Vikram Thapa,Chhetri’s brother’s son, told TOI.
TRAGEDY AT MAROL LIGHTER AND TIGHTER LAW SECTION
304A of the Indian Penal Code (IPC)
Causing death by negligence PUNISHMENT | Imprisonment up to two years or fine or both
SECTION 304 (II) of the IPC
Culpable homicide not amounting to murder
PUNISHMENT | Imprisonment up to 10 years, fine or both; non-bailable Relatives ask for compensation
The sudden deaths of drunk-driving victims Meen Chhetri (51) and Himlal Khanal (44) have left their families in a state of shock.
Relatives and close friends of the two, who were cousins, have demanded financial compensation from the accused. “It will give the bereaved families at least some hope for survival,” said Atin Mhatre, partner of Chettri’s younger brother who runs a restaurant in Marol.
Chettri was employed in the kitchen department at the Trident, Nariman Point, while Khanal was with Uncle Chinese restaurant in Marol.
Both families live at Sainath Nagar in Marol—some 150 metres from the accident spot.
Chhetri and Khanal, fathers of three children each, were the breadwinners of their families.