Max 2 years jail term for death in road accident: HC

“In motor accident cases involving death of victims,section 304A is the only provision in the statute to be taken recourse to by the investigating agencies and the accused is made to face trial under that section alone,” Justice Kailash Gambhir said while converting the conviction of Sanjeev Nanda from Section 304 Part II to Section 304A for mowing down six persons by his car.

The verdict assumes significance as the police has recently booked Utsav Bhasin,son of an industrialist,under the harsher penal provision for killing a person by his BMW car.

“In order to depart from this normal practice,there has to be more incriminating material on record like motive of crime or victim and accused being known to each other and such like circumstances whereby the accused intended to kill the victim due to prior animosity by using motor vehicle as a weapon of offence,” the court said.