Mumbai: There is overwhelming prima facie evidence that the accused drove at a very high speed, and even at a prima facie stage he can be attributed with the knowledge of the consequence, a sessions court has said in its detailed order while recently denying bail to a 40-year-old businessman accused in the Bandra Sea Link accident case.
It also noted that there were nine previous e-challans for speeding against him, which shows he had knowledge that death may occur due to his dangerous act.
The accident that took place on the Sea Link on Oct 5 and five Bandra toll workers lost their lives and nine persons were injured. The Worli police station recently invoked the charge of culpable homicide not amounting to murder (section 304 of the Indian Penal Code) against him in its charge sheet, punishable by life imprisonment.
The court said he covered 2,800m from the toll naka to the accident spot in just 92 seconds. It appears, it said, that he was driving at an average speed of 109kmph and at one point at 144 kmph. It noted that the maximum speed on Sea Link is 80kmph and at the curves and turns it is even less.
“The pile up that took so many lives and injured others is due to the dangerous acts of the applicant alone,” Additional Sessions Judge Vishal Sadashivrao Gaike said in the order.
The court also noted his act of leaving his vehicle at the spot and “running away” without informing anybody. It said this shows his knowledge that death could occur due to his dangerous act of habitually driving his vehicle at high speed and jumping signals.
Judge Gaike stated that rash or negligent driving on a public road with the knowledge of its likely effect may fall in the category of culpable homicide not amounting to murder.
