Delhi court orders framing charges against student in 2017 road accident case

New Delhi, A court here has ordered framing of the charge of culpable homicide against a former Delhi Public School student who allegedly killed two pavement dwellers and injured two by running them over with his car in 2017.
Additional Sessions Judge Ekta Gauba Mann was hearing the case against Samarth Chugh against whom a case was registered at Kashmere Gate police station on charges of culpable homicide not amounting to murder and rash driving.
According to the prosecution, the incident occurred around 5:45 am on April 20, 2017, at the Yamuna Bazar railway underpass near the Nigam Bodh Ghat crematorium on the stretch leading towards ITO from Kashmere Gate when Chugh lost control of his over-speeding hatchback.
It said the accused was accompanied by two classmates, Ujjawal Goyal and Bhawya Rajpal, who fled the spot but later turned themselves in and joined the probe.
In the order dated November 18, the court noted that according to the chargesheet, the accused was driving the car without a driving license and both his friends were in an inebriated state during the “fun trip”.
The court noted that the accused allegedly hit three people and attempted to escape while one of the victims was stuck on the car’s bonnet.
“He reversed his car and further crushed the three injured victims on the backside of the car and dragged one of the victims… for 10-15 feet and caused his death on the spot as well as the death of the other injured victim in the hospital and caused serious injuries to the other two victims with the knowledge that his act is going to cause death as well as the said serious injuries,” the court said.
The judge said, “I am of considered view that prima facie all the ingredients for the offence under sections 279 , 308 and 304 Section 3/181 of the Motor Vehicles Act… made out against accused Samarth. Hence, the accused Samarth be charged accordingly.”
During the proceedings, the court said the submissions of the defence counsel about the cause of the accident being a tyre burst could only be considered during the trial.
“It is a well-settled proposition of law that at this stage , the court is not required to dwell deep into the merits of the case. The probative value of the prosecution evidence is required to be tested at the stage of trial,” the court said.
It said at the present stage, even strong suspicion, which allowed the court to presume that the alleged offence was committed, will justify the framing of charges.
The court said that a person can drive a vehicle subject to reasonable restrictions. These comprised possessing a license and driving the vehicle in compliance with traffic rules or under the MV Act and the corresponding duty towards the public on the road.
The court posted the matter for November 23 for formal framing of charges.
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