2008 BMW hit-and-run: Accused acquitted of homicide charges

The court, however, held him guilty of rash driving, voluntarily causing hurt on provocation and causing death by negligence

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Anuj Chauhan died in the accident

Passing its verdict in the 2008 BMW hit-and-run case, a Delhi court Friday, while acquitting the accused of homicide, held him guilty of rash driving, voluntarily causing hurt on provocation and causing death by negligence.

Additional Sessions Judge Sanjeev Kumar, passing the order, said there is not enough evidence to convict accused Utsav Bhasin, son of a Haryana industrialist, under Section 304 of IPC (culpable homicide not amounting to murder), which provides for imprisonment up to 10 years. Bhasin was convicted under sections 279 (rash driving) 338 (causing grievous hurt by act of endangering life or personal life) and 304A (causing death by negligence).

Bhasin was driving his BMW when it hit two men on a motorcycle, Anuj Chauhan (who died two days later) and Mrigank Shrivastava, who suffered leg injuries. The accident took place near Moolchand flyover around 2.30 am on September 11, 2008.

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Bhasin’s lawyer Amit Khanna told The Indian Express that the accident took place on the BRT corridor, a project that later got shelved. “We raised the issue of unsafe roads of BRT with the court. Drivers could not control their cars properly. Don’t forget the project got shelved,” said Khanna, adding that he has not seen the order so he cannot comment on whether the court took the issue into account.

Judge Sanjeev Kumar said he will hear the case next on May 16, when he will hear arguments on the quantum of punishment and compensation to for both victims.

Kshitij Chauhan, the deceased’s elder brother, said Anuj and Mrigank were returning after watching the film Rock On to Anuj’s rented accommodation in Saket when the incident took place. Anuj was a freelancer with various media houses.

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