The Bombay High Court said today that Nooriya Haveliwala’s car crash can at the most be an offence under Section 304 (II) of IPC, which would mean the accident was not intentional.The court was hearing a bail application by Haveliwala, charged with drunken driving and killing two persons. The police had charged her under Section 304 (culpable homicide not amounting to murder with intention) under which the quantum of imprisonment can be between 10 years and life. Under 304 (II), the maximum imprisonment is 10 years.
The court observed this is a case where the vehicle was driven under the influence of alcohol and with knowledge of this, but not with an intention to kill anyone. “It is a very sad and tragic case,” Justice RS Mohite said. Haveliwala may not be allowed to drive, the court said.
“If you can show this is a case for life imprisonment then we will look into it seriously,” the court told the state, directing it to file a reply before the next hearing on Thursday.
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