New Delhi, A court here has ordered that a former Delhi Public School student be charged with culpable homicide for allegedly killing two residents on the sidewalk and injuring two others by running them over with a car in 2017.

Additional Sessions Judge Ekta Gauba Mann was hearing the case against Samarth Chugh against whom a case was registered at Kashmere Gate police station on charges of culpable homicide not amounting to murder and reckless driving.

According to the prosecution, the incident took place at around 5:45 am on April 20, 2017, at the Yamuna Bazar railway underpass near the Nigam Bodh Ghat crematorium on the stretch leading to ITO from Kashmere Gate when Chugh lost control of the hatchback of his speeding. .

The accused was said to be accompanied by two classmates, Ujjawal Goyal and Bhawya Rajpal, who fled the spot but later surrendered and joined the investigation.

In the November 18 order, the court noted that according to the report, the accused was driving the car without a license and both friends were intoxicated during the “fun trip”.

The court held that the accused had hit three people and tried to escape, while one of the victims was stuck on the hood of the car.

“He reversed the car and further crushed the three injured victims into the back of the car and dragged one of the victims … for 10-15 feet and caused his death on the spot as well as the death of the other injured victim in the hospital and caused grievous hurt to the other two victims, knowing that his act would cause death as well as the said grievous hurt,” the court said.

The judge said, “I am of the considered opinion that prima facie all the ingredients for the offense under Sections 279, 308 and 304 Section 3/181 of the Motor Vehicles Act… made out against the accused Samarth. Therefore, accused Samarth be charged accordingly.”

During the proceedings, the court said that the defense claims that the cause of the accident was a tire blowout could only be considered during the trial.

“It is a well-settled proposition of law that, at this stage, the court is not required to dwell in depth on the merits of the case. The probative value of the prosecution evidence has to be tested at the trial stage,” the court said.

He said at this stage even strong suspicion, which allowed the court to presume that the alleged offense had been committed, would justify laying charges.

The court said a person can drive a vehicle with reasonable restrictions. These included holding a license and driving the vehicle in accordance with the traffic rules or the MV Act and the corresponding duty to the public on the road.

The court posted the matter to November 23 for formal framing of charges.

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