"So, we requested him to avoid smoking in public", Maninder told Hindustan Times. Yesterday, after the victim died, he was arrested again.
"In view of facts and circumstances, section 302/307 Indian Penal Code (IPC) have been added to the case", the police revealed.
"The man was smoking a cigarette and blowing the smoke into our faces".
The accused, Mahanta, is a practising lawyer under the standing counsel of the Assam government.
The incident took place on Sunday in south Delhi when Gurpreet Singh (21) and his friend Maninder Singh (22), both students of photography, went out at night to shoot a documentary on pavement dwellers. "We objected as we are Sikhs and smoking is against our religious beliefs", said Maninder.
"There was an altercation but we backed off as people there said the man was drunk". Police later confirmed that the accused was drunk.
The victim politely told the accused to not to smoke in their vicinity but when he did not heed the two friends chose to leave as they did not want the issue to escalate, it is claimed.
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But when the duo left the spot on their motorcycle, they were reportedly followed by Mahanta in his Ford Figo. Gurpreet Singh succumbed to severe head injuries on Wednesday.
Mahanta hit the bike from behind, also hitting an autorickshaw and a private cab in the process and flee the spot.
Maninder, though out of danger, is undergoing treatment. On Saturday, he was arrested for rash driving, but was later granted bail, police said.
Mahanto, who was caught right after the incident, was taken to AIIMS where his medical examination was conducted and he was found to have consumed alcohol beyond permissible limits after which Section 185 of the Motor Vehicle Act was also added to the FIR. The man who was drunk did not like and allegedly threatened the duo of dire consequences, victim's family members claimed.
This led the police to add Section 302 (punishment for murder) and 307 (attempt to murder) against the accused. We both fell on the ground.
"Based on the complaint, Mahanta, a resident of Defence Colony, was booked".