Source – <\/p>\n\n\n\n
The Bombay High Court has dropped culpable homicide charges against a pillion rider accused of riding triple seat on a bike and causing the death of a senior citizen in Vasai.<\/p>\n\n\n\n
Justice AM Badar observed that none of the witnesses\u2019 statements revealed that pillion rider Justin Lawrence had \u201cany common intention with the rider of the motorcycle\u201d to be charged with culpable homicide not amounting to murder.<\/p>\n\n\n\n
\u201cCharge for the offence punishable under Section 304 read with Section 34 (common intention) of the Indian Penal Code framed against applicant\/accused No.2 Justin John Lawrence is quashed and set aside,\u201d Justice Badar said in his order.<\/p>\n\n\n\n
It was the prosecution\u2019s case that in 2012, accused John Alexander Fernandez who was driving rashly, with Lawrence and one more person riding pillion, fatally injured 65-year-old Tina Edward Misquita.<\/p>\n\n\n\n
All three were charged with 304(II) (culpable homicide not amounting to murder) of the Indian Penal Code, a charge that attracts a punishment of 10 years\u2019 imprisonment.<\/p>\n\n\n\n
Vasai resident Lawrence, represented by lawyer Wesley Menezes, submitted that he was a pillion rider of the motorcycle which met with an accident and as such, he cannot be charged for the offence punishable under Section 304 read with Section 34 of the Indian Penal Code.<\/p>\n\n\n\n
Additional public prosecutor opposed the application by contending that the sessions court had rightly charged the man with section 304(II).<\/p>\n\n\n\n
\u201cI have perused the entire charge sheet. The statements of witnesses do not show that the applicant\/accused was sharing any common intention with Fernandez, the rider of the motorcycle,\u201d the judge said. <\/p>\n\n\n\n
The court held that for want of evidence, the case against Lawrence will be dismissed.<\/p>\n