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BMW case: HC upholds Nanda's conviction but reduces jail term

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Utkarsh Anand

Posted: Jul 20, 2009 at 1632 hrs IST
Sanjeev nanda

New Delhi In a major reprieve for BMW hit-and-run case convict Sanjeev Nanda, the Delhi High Court on Monday reduced his punishment from five to two years in jail after holding he could not have the knowledge that the tragedy could strike by his rash and negligent driving. Nanda was behind the wheels as he mowed down six persons, including three policemen, with his BMW car on January 10, 1999.

Pronouncing the verdict in a packed courtroom, Justice Kailash Gambhir said that though the incident was “gruesome,” it could not be held that it occurred within the knowledge of Nanda. The court modified the trial court order by holding him guilty under Section 304-A (causing death due to rash and negligent act) and acquitting him of Section 304 (Culpable homicide not amounting to murder).

The court also reduced by half the quantum of sentence against three others -- businessmen Rajeev Gupta and his two employees Bhola Nath and Shyam Singh, who were punished for destruction of evidence in the case. Gupta was sentenced to six months prison term from one year awarded by a trial court. His two employees were awarded three months jail term from their six months sentence.

Tightening the noose around controversial eye-witness Sunil Kulkarni, who had kept the trial court judge on his toes by his frequent flip-flops, Justice Gambhir ordered for launching the prosecution against him under the perjury charge.

The family of 31-year-old Nanda was present in the court to hear the verdict and expressed their “elation and satisfaction” over the judgment. Nanda’s father and a known arms dealer Suresh Nanda told the Indian Express, “The law has taken its course and we are now looking forward to his release from the prison.”

Nanda, 31, the grandson of former naval chief S M Nanda, has been in jail since September five last year after being sentenced to five-year jail term by the trial court, barring a few weeks of interim bail.

The legal proceeding in this high-profile case saw many twists and turns with not only court hearings but also out-of-court developments in the case grabbing the headlines for different reasons.

The case saw key witnesses turning hostile and Nanda's counsel R K Anand and former Special Public Prosecutor I U Khan being found guilty of obstruction of justice, following a TV sting that showed Kulkarni with them.

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kumar by gaurav on 10 Aug 2009

as a law student i want say that gross negligence sometimes amount to knowledge and knowledge brings certainty. as per my point of view this is not a sound judgement.

This not a crime but misdeameaner by raj on 08 Aug 2009

This not a crime but misdeameaner. Please don't spit comment on your emotions. Be learned. There are not many real criminals in India.

Right Judgement.. by raj on 08 Aug 2009

This is a right judgement from supre court. The High court and trial courts are stupid or corrupt. The accident killed them. It is not his motive or plan to kill them. Right punishment. The punishment must have been minimum say 3-6 months if it was not hit and RUN. Well, btw .. it is impossible to drive without accident in India.

Moral: you need connections by Kalidas M on 23 Jul 2009

So, in life, you need right connections, then you can get away with anything. Citizens, want to form a forum? I think I have a clue how it can be done. The Punjabis are experts in this, absolutely unbeatable.

COMMENT by CHETAN on 21 Jul 2009

ACCORDIN TO MY VIEWS THE JUGEMENT GIVEN BY HC WAS NOT RIGHT

RIGH MAN OVER POOR PEOPLE by N N Roy on 21 Jul 2009

BIG MAN IN JUSTICE. SO YEH TO HONA HI THA. WHO CARES OUR POOR PEOPLE WHO SLEPT IN THE OPEN AIR. LONG LIVE OUR DEMOCRACY.

Worst judgement by Kareem on 21 Jul 2009

This is very rediculous judgement by the HC judge........

Dont complain , this is India , Every thing sells by V2 on 21 Jul 2009

If u wann justice u have to take it by your own , don't look to police or court , they are all going to play with u and in the hands of money.. In india no one can get justice so stop complaining about it.. Condemning here in news , comments wont work , it never worked and wont work ever. Ask judege to police who much they got paid for this judgement , I guess arms dealer have sold I missile and judge and police have bought that one.

sanjay nanda by prasobh vijayan on 28 Jul 2009

i am quiet happy to see there are some courageous people to say truely that he is a real culprit he deserves a life sentence....then what about the judge and the police officers...what kind of punishments are there...better they will read this and commit suicides....cowards....

Soon India will be dead by V2 on 21 Jul 2009

If u wann justice u have to take it by your own , don't look to police or court , they are all going to play with u and in the hands of money.. In india no one can get justice so stop complaining about it.. Condemning here in news , comments wont work , it never worked and wont work ever.

Salman Khan? by KR on 21 Jul 2009

What about Salman Khan? Didn't he do the same thing? Public memory is even shorter than I thought..

Oh Come On!! by Hemant on 21 Jul 2009

I agree drinking and driving is a crime and a suitable punishment must be awarded, however if he was not drunk then was it his fault that people were sleeping on pavement. If tomorrow some people sleep on road and get killed, whats the fault of driver. Ithink high court rightly lowered the punishment. As such his prime time in life has been ruined with this tension.

Justice retold by Naim Naqvi on 21 Jul 2009

And finally the great traditions of Jahangeery Justice are honored by the reverend court of Ganhi's Bharat - justice is done. Let us celebrate the acquital of the inebriated rich Mr. Nada and let the nation rejoice that hardships of the prisoner of circumstances will be over in next few months or before. Some friends might have offered him and he couldn't refuse the last drink. He had no guilt in his mind. It was just a mistake that took lives. Let us appreciate the bright, well polished and relieved faces of Nanda Family. Home they would bring their driver kicking and alive. Let us forget those who were trampled under the wheels. Let us forget the cry of families who are left to suffer the hardships of life. We all have learned that a witness has turned lier. Nobody did run from the scene with any tricky intention. No one can fight the fate. What is lotted can't be blotted. Long live the rich ! To hell with those who are left behind. Long live democracy. Long live Justice System.

BMW case: HC upholds Nanda's conviction but reduces jail term by Naren on 21 Jul 2009

Dear Sir/Madam,appropos to the following statement in the article, Pronouncing the verdict in a packed courtroom, Justice Kailash Gambhir said that though the incident was “gruesome,” it could not be held that it occurred within the knowledge of Nanda. ...That does not sound right to me.. This clearly condones the drunken drunken and rash driving.. This verdict from the high court is going to set a DANGEROUS precedent!!DRUNKEN DRIVING SHOULD NOT BE ALLOWED AND SHOULD NOT BE CONDONED!!

INDIAN JUDICIARY by DR. SALEEM on 21 Jul 2009

INCREDIBLE JUSTICE OF SO CALLED INCREDIBLE INDIA !! GOD HELP THE POOR. WANT TO KNOW IF THE JUDGE WOULD HAVE GIVEN THE SAME VERDICT IF ONE OF THE DEAD WOULD HAVE BEEN HIS OWN SON?

Bribed by Tom on 21 Jul 2009

I wonder how much the "honourable" judge was paid for reducing the sentence.

NANDA by DRTCNANAVATI on 21 Jul 2009

NANDA BIUGHT JUSTICE.POOR PEOPLE WILL NEVER COME BACK.INSPITE OF THE EVIDENCE HE CAME OUT LAUGHING AT THE JUSTICE SYSTEM.WITH SO MANY PEOPLE DEAD HE SHOULKD HAVE SPENT THE REST OF HIS LIFE IN JAIL,MONEY TALKS BULL SHIT WALKS

Thank God! by kaka on 20 Jul 2009

Thank God! The HC did not direct the govt to give him an award for trying to implement population control measures though 'without his knowledge'!

Rash and negligent driving by Madhav Apte on 20 Jul 2009

The judge's comment that "Nanda could not have the knowledge that the tragedy could strike by his rash and negligent driving" is laughable. That is like someone pulling a trigger on a gun and claiming they didn't know it could cause death.It should be driven into the minds of each and every driver that rash and negligent driving can KILL.

He should be hanged by Mani on 20 Jul 2009

This criminal should be hanged. not sure what this means "he could not have the knowledge that the tragedy could strike by his rash and negligent driving".Corruption is reduced his sentence. This dog should be senetneced to life and should never get a bail.

Nanda's fate decided by vijay bishnoi on 20 Jul 2009

It was a case of rash and negligent driving which was wrongly charged under 304 part ii....In 304 A which is a section in IPC for punishment for rash n negligent act n d maximum punishment is two years.... Justice Gambhir rightly brought d charges under 304 A which were earlier under 304 part ii and then gave d max. punishment given under d given section as this rash act had killed six innocent peoples n while deciding this appeal he had also in mind that nanda has also faced 10 years trial...So, this is to be said that now d justice has been done as per d law of the land...

I agree by Makarand Vaidya on 20 Jul 2009

I agree that justice according to law of land is done. I have no sympathy for Nanda. He should remember this for his life and these "murders" must remain on his conscience. If he has any conscience lef, he should support families of the six people killed for life.

deaths on road by Kishore Karnad on 20 Jul 2009

It is one more sad and unfortunate verdict, viewed from the eyes of common man- the aam admi-homeless and helpless. I wonder if the same plea of 'ignorence' would have fetched the same reduction of sentence if the accused were a poor truck or taxi driver. But one is not surprised if this verdeict is viewed in the light of earlier verdicts: Upahaar , Salmankhan, or Sanjay Dutt cases. Almost all cases involving the rich and powerful, if at all taken to the courts, drag on for ever; key witnesses mysteriously die or disappear; attempte are made to distroy evidence; files vanish and even the cases reach conclusion, charges get diluted and punishment is almost a token one. Sadly, all this is done too openly. Justice is apparently no more blind to the money power of the accused.

Nanda"s conviction by shanthanu on 20 Jul 2009

I have now learnt by this judgement that rash driving is after all not that serious. Less so if you have killed a few persons. And if your accomplices destroys the evidence it is welcome and your and yours accomplices punishment can be reduced by half the quantum granted by the lower court. Also one should be close to power that be to get all the benefit of doubt even if it may not appeal to prudent thinking. At least Nanda"s case is decided one way or the other when other cases are yet to be finalised {Salman"s, Sanjay Duth"s}

Justice by Dee on 20 Jul 2009

Can we hang him too?

Mr by Common Man on 20 Jul 2009

This shows that high profile people in india can never be truely sentenced for thier crimes.

NANDA'S CONVICTION by NIRANJAN on 20 Jul 2009

I WONDER HOW MUCH DID IT COST NANDA TO HAVE THE SENTENCE REDUCED? COULD HE NOT PAY THE HIGHER PRICE FOR COMPLETE REVERSAL OF THE SENTENCE?

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