BMW case: Order on framing of charge against Utsav deferred
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Delhi

BMW case: Order on framing of charge against Utsav deferred

Last Updated: Tuesday, October 06, 2009, 21:54
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New Delhi: A Delhi court on Tuesday deferred pronouncement of order on framing of charges against a Haryana-based industrialist's son Utsav Bhasin who is accused of ramming his BMW car into a motorcycle, killing a man in 2008.

Additional Sessions Judge Pinki, who was to pronounce the order, adjourned the matter for November six.

The court had on September 15 reserved its order after hearing the arguments on behalf of Bhasin and the prosecution.

Senior advocate Ramesh Gupta, appearing for Bhasin, had opposed the plea to frame charges of culpable homicide not amounting to murder against him on the ground that there was neither any knowledge nor any intention to commit the offence.

He had referred to the Delhi High Court's judgement in the BMW hit-and-run case involving Sanjeev Nanda in which it was held that no charge for culpable homicide not amounting to murder could be framed against the accused if the knowledge and intention are absent.

Police had filed the chargesheet against Bhasin invoking stringent penal provision of the IPC Section 304 II (culpable homicide not amounting to murder) which entails 10 years jail term as the maximum sentence.

The accused could only be charged under the IPC Section 304 A (causing death by rash and negligent act) which carries maximum punishment of two years jail term.

Bureau Report

First Published: Tuesday, October 06, 2009, 21:54

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