Mumbai: A sessions court in Thane has refused to discharge a 29-year-old sales manager who works with a Navi Mumbai-based private firm, from charges of culpable homicide. The incident took place in March last year in which two girls, a BSc (IT) student and a LLB student, who were in their 20s, died after they were mowed down by the car of the accused.
Accused Nimesh Rane had filed the discharge plea in the court contending that he did not know the deceased and so there is no question of targeting them intentionally. Hence a case under section 304 (culpable homicide) of IPC was not made out. He sought to be discharged from the case.
The prosecution has slapped a charge of culpable homicide against the accused claiming that he was driving the car rashly and was aware that his act could result in somebody’s death. On March 3, 2016 at around 8.30 pm at the accused lost control of his car on Ghodbunder road and rammed it into Surabhi Gore (21) and Akanksha Kamble (23) who were standing at the side of the road. Both were childhood friends and while Gore lost her life before reaching hospital, Kamble died during medical treatment.
The public prosecutor opposed his plea saying the accused knew the consequences of driving a car without proper precaution and he fled from the spot without informing about the incident.
After hearing arguments, judge P.P. Jadhav observed, “In the present case, the incident is not denied by the accused. The accidental death of two girls is also not denied. In order to attract second part of section 304, the intention and knowledge on the part of accused has to be established. It can be established or gathered from the circumstances, direct evidence of the witnesses to be examined by the prosecution during the trial.” The judge further observed, “Merely because there was no previous enmity between the accused and the deceased, it cannot be said that part II of section 304 is not attracted.” Based on these observations, the judge rejected discharge application filed by Rane.
