The Supreme Court acquitted three persons on Wednesday who were sentenced to varying jail terms for tampering with evidence in the infamous 1999 BMW hit-and-run case, involving the former Naval chief S M Nanda’s grandson Sanjeev Nanda.
A bench of the justices Deepak Verma and K S Radhakrishnan set aside the concurring verdicts from the trial court and the Delhi high court convicting the businessman Rajeev Gupta and his two employees Bhola Nath and Shyam Singh. Gupta was sentenced to six months in jail, while his employees were awarded three-month imprisonment.
The apex court has already reserved its verdict on a plea against the Delhi high court order which had reduced Sanjeev Nanda’s sentence from five years to two years.
The apex court, however, also pulled up the Delhi Police for not properly investigating the tampering of evidence. Pointing out various drawbacks in the probe, the bench said that the evidence in the case did not conclusively establish that they tampered with the evidence. ‘No credible evidence was recorded by the prosecution to show who washed the [BMW] car [immediately after the accident to remove blood stains],’ the bench said.
The court also questioned as to why the Delhi Police did not lift fingerprints from the car to establish who had tried to destroy the evidence.
The Delhi high court had reduced Nanda’s sentence from five to two years in jail in July 2009 after holding that he could not have had the knowledge that the tragedy could strike by his rash and negligent driving. Nanda was behind the wheels when he had mowed down six persons, including three policemen, with his BMW car on 10 January 1999.
The high court had modified the trial court’s 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).
It had also reduced by half the quantum of sentence given to three co-accused Gupta, Nath and Singh for destruction of evidence in the case.
Gupta was sentenced to six months prison term, as against the one year awarded by the trial court, while his two employees were awarded three months jail term from their six months sentence. agencies
THE STORY SO FAR
10 Jan 1999
6 persons, including 3 policemen, killed by a speeding BMW car driven by Sanjeev Nanda in Lodhi Colony.
7 Apr 1999
Chargesheet fled under various sections including culpable homicide not amounting to murder and destruction of evidence.
30 Sep 1999
Mumbai-based businessman Sunil Kulkarni, who claims to be an eyewitness, is dropped after he changes testimonies.
2 Sep 2008
Trial court convicts Nanda. Three others, Gupta and two employees Nath and Singh, convicted for destruction of evidence.
20 Jul 2009
HC upholds conviction of Nanda and three others, but reduces their sentence.
1 Aug 2012
SC acquits Rajeev Gupta, Bhola Nath and Shyam Singh.
A bench of the justices Deepak Verma and K S Radhakrishnan set aside the concurring verdicts from the trial court and the Delhi high court convicting the businessman Rajeev Gupta and his two employees Bhola Nath and Shyam Singh. Gupta was sentenced to six months in jail, while his employees were awarded three-month imprisonment.
The apex court has already reserved its verdict on a plea against the Delhi high court order which had reduced Sanjeev Nanda’s sentence from five years to two years.
The apex court, however, also pulled up the Delhi Police for not properly investigating the tampering of evidence. Pointing out various drawbacks in the probe, the bench said that the evidence in the case did not conclusively establish that they tampered with the evidence. ‘No credible evidence was recorded by the prosecution to show who washed the [BMW] car [immediately after the accident to remove blood stains],’ the bench said.
The court also questioned as to why the Delhi Police did not lift fingerprints from the car to establish who had tried to destroy the evidence.
The Delhi high court had reduced Nanda’s sentence from five to two years in jail in July 2009 after holding that he could not have had the knowledge that the tragedy could strike by his rash and negligent driving. Nanda was behind the wheels when he had mowed down six persons, including three policemen, with his BMW car on 10 January 1999.
The high court had modified the trial court’s 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).
It had also reduced by half the quantum of sentence given to three co-accused Gupta, Nath and Singh for destruction of evidence in the case.
Gupta was sentenced to six months prison term, as against the one year awarded by the trial court, while his two employees were awarded three months jail term from their six months sentence. agencies
THE STORY SO FAR
10 Jan 1999
6 persons, including 3 policemen, killed by a speeding BMW car driven by Sanjeev Nanda in Lodhi Colony.
7 Apr 1999
Chargesheet fled under various sections including culpable homicide not amounting to murder and destruction of evidence.
30 Sep 1999
Mumbai-based businessman Sunil Kulkarni, who claims to be an eyewitness, is dropped after he changes testimonies.
2 Sep 2008
Trial court convicts Nanda. Three others, Gupta and two employees Nath and Singh, convicted for destruction of evidence.
20 Jul 2009
HC upholds conviction of Nanda and three others, but reduces their sentence.
1 Aug 2012
SC acquits Rajeev Gupta, Bhola Nath and Shyam Singh.