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Nadia's death: Gustad, aides in police custody

June 14, 2004 18:43 IST

A railway court on Monday extended the police custody of film director Kaizad Gustad and his assistant Ashish Udeshi, arrested in connection with the death of their colleague Nadia Khan.

Co-accused and another member of the film crew Hadley D'Mello, also under arrest, was further remanded to police custody till June 17.

Magistrate A Rahule ruled that he would hear their bail petitions on Tuesday.

Khan was hit by a speeding train during a film shooting on the railway tracks at Mahalaxmi and declared dead on arrival at a Mumbai hospital on May 25.

The prosecution sought their further police custody on the ground that investigation is incomplete and it is yet to record the statements of witnesses, including railway staff, employees, the film producer and a cameraman.

Defence lawyers Satish Maneshinde and Sayaji Nangre sought bail saying the statements of Gustad, Udeshi and D'Mello had already been recorded and there was no need for them to be held in custody till the police recorded the statements of the others.

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Defence lawyers argued that Section 304 (2) of the India Penal Code (culpable homicide not amounting to murder) was not applicable to the accused. They pointed out that the police had booked them for the offence of causing death by negligence (section 304A).

But the court rejected their plea and instead applied the charge of culpable homicide not amounting to murder.

According to the police, Nadia was hit by a train on May 25 during the shooting of Bombay Central. However, Udeshi filed a police complaint saying Nadia was killed in a road mishap.
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