Doctor arrested for causing death due to negligence and rash driving

Mumbai: A resident doctor associated with the government-run JJ Hospital in Mumbai was arrested by the Gamdevi police for causing death due to rash and negligent driving in an accident that led to the death of a young resident. 

The deceased, a 24-year-old Gamdevi resident passed away on Tuesday due to his injuries, a day after he sustained them in the road accident, reports the Free Press Journal. The doctor's four-wheeler hit the motorcycle of the youngster in the early hours of Monday morning.  

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As per the sources, the incident took place on Monday morning at around 1.55 AM when the car driven by the doctor hit the two-wheeler of the victim's head-on at the Kemps Corner Bridge. The doctor was reported to be speeding on the wrong-side carriageway of Kemps Corner bridge when it hit the biker, throwing him 30ft on the road below in the wee hours of Monday.

The car was on the northbound arm of the bridge and it hit the biker, following which he fell off the concrete structure. The doctor immediately took the person to JJ Hospital, where they found out that the victim had sustained a fracture in both his legs along with an abdomen injury. He passed away due to his injuries on Tuesday. 

An officer told the Indian Express, "As soon as we reached the spot, we saw the two vehicles had banged into each other and the biker had fallen off the flyover."

The 27-year-old doctor was initially booked for rash driving and causing grievous hurt by a negligent act under the bailable Indian Penal Code (IPC) sections 279 (rash driving) and 338 (causing grievous hurt by act endangering life or personal safety of others) following which they let him go after issuing a notice, reports the Times of India.

The car of the doctor and the bike of the deceased were brought to the police station. 

However, eventually, the doctor was booked under IPC sections 304A for causing death due to negligence and 304 {II} which is related to culpable homicide not amounting to murder under the Indian Penal Code, reports the Free Press Journal. 

There was a huge gathering of people who had come together outside the Gamdevi police station, demanding the arrest of the doctor. Even though the biker had passed away on Tuesday morning, the doctor was arrested only at night following the gathering of people outside the police station.

"Hundreds of friends and people who knew Desai gathered at the police station asking why there was no arrest in the case . The youth was hit by the car so badly that he was flung it into the air and 30ft fell below the bridge. The police had collected the accused's blood samples, but they had not been sent for analysis till today," said advocate Amay Mhadik, who was with BJP MLA Mangal Prabhat Lodha at the police station. The advocate also alleged that the police were not cooperating with the family of the deceased.

Rampiyare Rajbhar, senior inspector of Gamdevi police said, "Initially, we had registered a case of rash driving but charges under section 304 (A) (causing death by negligence) of the Indian Penal Code (IPC) were added later, following the victim's death." The offense is bailable. 

The zonal deputy commissioner of police Yogesh Kumar told TOI that the doctor is in their custody, adding that his blood samples have been taken to inspect whether he was drunk when the incident took place. The police constable said that the incident took place when the youngster was returning from work to his home in Gamdevi on his bike.

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