Notice to police over hit-and-run convict’s appeal

September 17th, 2008 - 9:43 pm ICT by IANS  

New Delhi, Sep 17 (IANS) Delhi High Court Wednesday issued notice to Delhi Police over an appeal filed by Rajeev Gupta, a businessman, challenging his conviction in the 1999 BMW hit-and-run case.A bench headed by Justice Kailash Gambhir issued notice to Delhi Police and sought reply by Sep 30, the next date of hearing.

Gupta, through his counsel D.C. Mathur, had argued that the lower court had failed to prove his role in the incident that took place in the Lodhi Colony here in the early hours of Jan 10, 1999 and killed six people.

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

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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