Mumbai: A sessions court has ordered police to drop charges of culpable homicide not amounting to murder against a teenager involved in an accident that killed his friend.
About The Case
Aaryaman Nagpal, the 18-year-old son of hotelier Rajesh Nagpal, was killed in a car crash at Marine Drive on May 12, 2020. The vehicle was being driven by his friend, Shourya Jain. Jain was booked under sections 304 (2) (culpable homicide not amounting to murder) along with 279 (rash and negligent driving), 338 (causing grievous hurt to another person by an act that endangers the life or personal safety of others), 118 (disobedience to an order issued by a public servant) and 269 (negligent acts that could spread a dangerous disease) of the Indian Penal Code. The court has now asked the police to drop Section 304 (2) and remanded the case to a magistrate court.
Argument Made By Defence Lawyer, Hrishikesh Mundargi
The defence lawyer, Hrishikesh Mundargi, had claimed that no ‘knowledge’ or ‘intention’ to cause the death of his friend, Aryaman Nagpal, could be attributed to Jain.
“He had no knowledge that a fatal accident was likely to occur by his act of driving a car at the relevant time. The collision of the car with a stationary bus was purely accidental. Applicant never intended to put the life of his friend along with his own life in danger. Hence, the act of the applicant driving the car and committing the accident cannot be equated with offence of culpable homicide,” Mundargi said.
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While dropping the stringent charges, the court observed “It needs to be noted that this is not a case of drink and drive... This is not a case where the car killed a person outside the car, to attribute the incident to be a culpable homicide. The incident can at the most be the result of a rash or negligent act of the applicant.”
