Vismay Shah was found guilty of rash driving and negligence. (File)
With reference to a revision application, which was filed by the father of one of the two men killed in a hit-and-run case in 2013, the Gujarat High Court (HC), on Tuesday, disposed the matter after the appellant decided to “not press” it any further and thus, withdraw it.
Vismay Shah, businessman and son of a city-based doctor, was found guilty of rash driving and negligence, causing a fatal accident under IPC Section 304, part-II (Culpable homicide not amounting to murder). The trial court had ordered Vismay to pay Rs 5 lakh each as compensation to the two families of the victims, in addition to a fine of Rs 25,000.
In the accident that occurred on February 24, 2013, near Lad Society, Judges Bungalow, Vastrapur in Ahmedabad, two youths, Shivan Dave (25) and Rahul Patel (21), were killed.
The application had been filed by Ghanshyam Patel in 2015, soon after Shah filed an appeal at the HC against his five-year rigorous imprisonment by a trial court in Ahmedabad. The application had sought enhancement of Shah’s punishment to 10 years. Another application by the state government, too, had sought the enhancement of Vismay’s imprisonment term.
However, a compromise was arrived at privately by the accused and the relatives of the two deceased men, as is stated in a previous December 2017 order of Justice Sonia Gokani, who has been hearing the matter.
As also stated in the Tuesday order of Justice Gokani, an affidavit was filed by deceased Shivam’s father, stating that the parties — family members of the victims and family members of the accused — have sat together and amicably settled their disputes. It further stated that they decided to share a peaceful relationship and therefore, urged to permit withdrawal on not pressing this revision application.
In light of the compromise, the victim’s father chose to not continue with the matter and it was accordingly disposed.
Currently, a judgment is expected to be pronounced on January 30 on the state’s revision application seeking enhancement of Vismay’s imprisonment term, and his appeal against his conviction by the Ahmedabad (Rural) court.