BMW hit-and-run convict Rajeev Gupta files appeal

September 16th, 2008 - 11:05 pm ICT by IANS  

New Delhi, Sep 16 (IANS) Rajeev Gupta, a businessman convicted in the sensational 1999 BMW hit-and-run case and awarded one year in jail by a city court, Tuesday approached the Delhi High Court challenging his conviction.Gupta, through his counsel D.C. Mathur, argued that the lower court had failed to prove his role in the incident that took place on Jan 10, 1999 in the early hours and killed six people.

The petition is likely to be heard Wednesday.

The city court earlier this month awarded five years of rigorous imprisonment to Sanjeev Nanda, grandson of former navy chief Admiral S.M. Nanda.

Rajeev Gupta, whose son Siddharth Gupta was also in the car, was sentenced to one year in jail along with a fine of Rs.10,000 for destroying evidence.

His two domestic helps Bhola Nath and Shyam Singh, were held guilty of destroying evidence by washing the blood stains from the car after the accident, and were sentenced to six months in jail and fined Rs.100 each.

All three were given bail soon after the ruling on a surety of Rs.10,000 each.

This was one of the first instances that a court convicted the accused in a hit-and-run case under Section 304 (2) (culpable homicide not amounting to murder) of the Indian Penal Code (IPC). In most cases, the conviction is under Section 304 (1) - causing death by rash and negligent act - in which the maximum sentence is two years’ jail.

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