Mumbai: An autorickshaw driver who has already spent about eight years in prison for culpable homicide not amount to murder for the death of a passanger has been handed a five year jail term.
The altercation occurred in 2016, and the sum in dispute was a mere rupees two. Sarjuprasad Sahani, a watchman working in a building near Bhagwati Hospital visited a relative in Borivali East following a nightshift, and from there at 11 am he travelled in Rampravesh Chauhan's auto to return to his house at Borivali West.
According to the complaint registed by Rajan Sahani, his son, he was at home when a woman residing nearby told him, Your father has been injured by someone assaulting him at Ganpat Patil Nangar Galli No.01, Borivali (West). Rajan and his mother rushed to the spot where they saw that a police vehicle had stopped and Sarjuprasad lay unconscious.
From those gathered there, Rajan learnt that Chauhan, the autorickshaw driver had assaulted and punched his father on the head over a dispute arising from the fare.
The police rushed Sarjuprasad to the Babasaheb Ambedkar Hospital, Kadivali, where he was admitted in the ICU Ward. Chauhan was booked for assault and causing grievous hurt by MHB police station and was arrested. The day after the incident, Sarjuprasad died. Chauhan was booked for murder.
Details On The Argument
The police investigation revealed the fare for the ride came to Rs 12, and Sarjuprasad gave rupees twenty. The dispute arose on account of change of of Rs 2 which the autorickshaw driver did not have. The situation came to blows following an argument. In the process, Sarjuprasad fell on the road, as a result of a push. His head hit the divider.
The court discharged the auto driver from the charges of murder but held him guilty for culpable homicide not amounting to murder. While convicting him the court observed, "The altercation in between the accused and the deceased on account of exchange of fare amount which led to the fatal injuries, was a result of a sudden and grave provocation. Therefore, the accused's actions fall under the category of culpable homicide not amounting to murder because the accused as per the prosecution story and evidence of eyewitnesses, has given only one punch therefore, there was no any intention to kill the deceased. The deceased died for reason of fall on ground." The court sentenced him to imprisonment for five years whereas Chauhan has already been in prison for almost eight years.
