Mumbai: Bombay high court declined to transfer investigation into the Jan 2016 death of a kho kho player who was knocked down by a speeding vehicle on Ghodbunder Road, Thane.“Having closely examined the entire record, we record our deep sympathy for the petitioner. In our view, it is plainly a case of an accidental death,’’ said Justices Ajey Gadkari and Kamal Khata on Tuesday. They found “no merits” in the petition by Babasaheb Hardas, the father of Kartik (13), a class eight student. Kartik was part of the Under 14 team from Ahmednagar that was in Thane for a tournament.On Feb 1, 2016, Kapurbawdi police station registered an FIR for rash and negligent driving against an unknown motorist. Hardas’ advocate Ashish Gaikwad said Kartik lost his life due to the acts of trainer Sunil Chavan and others. Hardas had requested the authorities to register an offence of murder against them. Since no action was taken, he approached the HC seeking probe transfer to the assistant commissioner of police or any other competent authority.Prosecutor Jayesh Yagnik said the car that caused the accident could not be traced. The judges said the record indicated that Kartik was a meritorious student and a certificate holder of kho kho at the State level from various authorities. On Jan 31, 2016, Chavan took all his students to a mall. While returning Kartik was struck by an unidentified vehicle while crossing the road. Panchnama and post mortem report stated his death was due to head injury. Statements of nine other students and witnesses reiterated the same facts.In the verdict, the judges said allegations levelled by Hardas are “wholly unfounded.” They found “neither motive, nor intent nor any mala fides attributable” either to Chavan or the other students to suggest any role in causing Kartik’s death. Each fellow student clearly stated they were holding hands while attempting to cross the road standing on the divider. Unfortunately Kartik accidentally stepped down on the road and was struck by a speeding vehicle. “We find no reason to attribute blame either to the fellow students or the trainer in respect of this unfortunate episode. We are of the view that this was an unfortunate tragic accidental death and nothing more,’’ the judges concluded. Moreover in Dec 2017 a magistrate had accepted the probe conclusion report.
