Mumbai: A court has sentenced a man to one year in prison for negligent driving which caused the death of a sub-inspector in 2014. The court acquitted Mitesh Modi, 47, of the more stringent charge of culpable homicide not amounting to murder, as the prosecution failed to prove that he was drunk at the time of the accident.
Vikhroli police had booked Modi on September 1, 2014, after he crashed into a two-wheeler driven by Dattaram Kadam, a constable attached to Chembur Traffic Division. Sub-inspector Rajaram Desai, who subsequently succumbed to head injuries, was riding pillion.
The policemen were going to Mulund by Eastern Express Highway. At about 1.45am, when as they reached Jogeshwari Vikhroli Link Road bridge, a car crashed into them from behind. The car was driven by Modi. During the trial, which began only in November 2021, the prosecution examined six witnesses.
The court rejected the chemical analyser report of the blood samples observing: “Prosecution has not proved that medical officer himself forwarded the sample to the Forensic Science Laboratory. As per the investigating officer, he sent the sample to FSL. It is not proved that the blood sample was sent through messenger of medical officer to the FSL.”
The court said that the prosecution had failed to prove that at the time of the incident, the accused was intoxicated. Modi, on the other hand, claimed that the policemen themselves were intoxicated, and could not understand which vehicle had hit them from behind. Modi claimed that he had only stopped at the site of the accident.
The court rejected his defence in view of the statements and testimonies of witnesses who caught him and pulled him out of the car. While awarding him the minimum sentence, the court observed, “The incident took place more than 10 years ago. It seems that during this period, the accused has not committed such type of offence.”