BMW hit-and-run case: Ahmedabad court judgment Vismay Shah to five years imprisonment

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On Monday Ahmedabad district court sentenced 26-year-old Vismay Shah, son of a city-based doctor, to five years imprisonment for running over two youths with his BMW car in 2013.

Additional sessions judge P M Patel found Vismay guilty of rash driving and negligence causing a disastrous accident. He was convicted under IPC section 304, part- II (culpable homicide not amounting to murder).

The court also ordered Vismay to pay Rs 5 lakh compensation to each of the two affected families, and slapped a fine of Rs 25,000 on him.

Vismay was refused bail and sent to Sabarmati Central Jail in Ahmedabad, where he has already spent around 13 months following the accident. In April 2014, he was granted bail by the Supreme Court.

While delivering the verdict, the court depend on a witness, Mitesh Shah, who was not connected to the victims and stood by his testimony, even as crucial eyewitnesses — friends of the victims — turned hostile.

Before Vismay pushed his BMW into the motorcycle of the victims, he had hit Mitesh’s car while reportedly trying to overtake it. Mitesh had taken the photograph of the car driven by Vismay. The court noted Vismay could not prove that he was not driving the car and also failed to prove that it did not belong to him as claimed during the trial.

Vismay, a businessman, had claimed that he was at his home at the time of the accident.

The incident happened on February 24, 2013 at Vastrapur in which two youths — Shivan Dave (25) and Rahul Patel (21) — were killed. Dave died on the spot, while Patel died in a hospital during treatment. Police had recorded statements of 33 witnesses, including Lalit Gupta and Dinesh Chaudhary. Gupta was complainant in the case and also a key eyewitness who turned hostile along with Chaudhary.

The court has issued notice to Gupta explaining why a case of perjury should not be initiated against him.

The court took into account the forensic reports and the finding of Parsoli Motors, distributor of BWM cars, that Vismay was driving 110 km per hour. The incident was also captured in the CCTV footage, showing the speeding car hitting the motorcycle.

Ahmedabad: Ghanshyam Patel, father of one of the victims Rahul Patel, broke down after the verdict and said “now my son’s soul will get peace”.

“Although my loss is irreparable, I am happy that the lesson was taught,” said Ghanshyam, who has a real estate business.

Premshaknar Dave, father of the second victim Shivam Dave, said: “We are satisfied with the judgment. My family has struggled all this while to see this judgment and now we are at peace.”