Son of woman killed in BMW hit moves HC

Wants wife of businessman booked for culpable homicide not amounting to murder.

Kurla resident Sayyad Ali Raza, whose mother died a day after her auto-rickshaw collided with a BMW driven by an allegedly drunk woman, has moved Bombay High Court (HC) seeking a direction to the state government to book the woman for culpable homicide not amounting to murder.

Raza's mother Mubin Zahera Sayyad, father Mohammed Hussain Sayyad and brother Mohammed Raza were going to Nerul for a relative's funeral on November 1, when the BMW driven by Aarti Shetty allegedly collided with their rickshaw near Mankhurd octroi post at about 4.30 am.

In a plea filed through lawyer Prakash Wagh, Raza, an M Com student, said his mother, who suffered grave injuries to her forehead, eyes and other vital organs, succumbed on November 2 and that his father was being treated in the trauma ward of Rajawadi Hospital.

He contended police should have added section 304 (II) to the FIR against Shetty after his mother's death. The accused has been booked under IPC sections 279 (rash driving) and 338 (causing hurt) and Motor Vehicles Act.

Raza alleged police used special powers to grant Shetty bail after a number of VIPs approached them. He said medical tests proved Shetty had consumed alcohol.

"The accused is wife of a big businessman of Mumbai and a close relative of an MLA. Under the influence of these persons, Mankurd Police are showing leniency to her."

Raza also urged the court to transfer the probe to Mumbai Police Crime Branch and demanded the case be tried by a fast-track court.

Investigating officer Shankar Singh Rajput, however, denied the claims. He said police were open to invoking Section 304(II). "Tests indicated there was .014 mg of alcohol in the body of the accused. If the quantity had been 0.05 mg or more, it would have amouted to drunk driving."

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