Gustad, two aides get police custody in Nadia death case
14th June 2004
17.44 IST
By ApunKaChoice Bureau
A Railway Court in Mumbai today extended till tomorrow the police custody of director Kaizad Gustad and his assistant Ashish Udeshi, arrested in connection with the accidental death of upcoming director Nadia Khan.
Co-accused and Gustad's team member Hadley D'mello, also arrested in the same case, was further remanded to police custody till June 17.
Magistrate A Rahule ruled that he would hear their bail petitions tomorrow.
During a film shooting on railway tracks at Mahalaxmi railway station, Nadia was hit by a speeding train and declared dead on arrival at a hospital on May 25.
Prosecution sought their further police custody on the ground that investigation was incomplete and that they had to record the statements of witnesses including railway staff, employees, film producer and a cameraman.
Gustad's lawyers Satish Mandeshinde and Sayaji Nangre argued that there was no need to keep the accused in police custody as their statements had already been recorded. Merely because the police had to record the statements of witnesses the accused were not required in custody, they argued.
Defence lawyers argued that 304 part two IPC (culpable homicide not amounting to murder) was not applicable to the accused. They said police had booked them for the offence of causing death by negligence (section 304 A IPC) but the court had rejected this charge and instead applied the charge of culpable homicide not amounting to murder.
According to police, Nadia was hit by a train on May 25 when Gustad's film "Bombay Central" was being shot. However, Udeshi filed a police complaint saying Nadia was killed in a road mishap.