BMW case: Sanjeev Nanda files appeal in HC
Sanjeev Nanda sentenced to five years jail term by a city court for mowing down six persons including three policemen with his BMW car in 1999, moved to the Delhi High Court against his conviction.delhi Updated: Sep 23, 2008 01:16 IST
Businessman Sanjeev Nanda, sentenced to five years jail term by a city court for mowing down six persons including three policemen with his BMW car in 1999, on Monday moved the Delhi High Court challenging his conviction.
Nanda, grandson of former Naval Chief SM Nanda, took the ground that trial court had wrongly relied on testimony of controversial prosecution witness Sunil Kulkarni saying he was “planted by the police”.
The appeal is listed for hearing on Tuesday before Justice Kailash Gambhir.He said there was sufficient evidence that Kulkarni was in Mumbai and not in Delhi at the time of accident.
“Even if the testimony is assumed to be correct, the same only exonerates Nanda as Kulkarni categorically stated that he was not on the driver’s seat”, the petition filed through lawyer Ramesh Gupta said.
Alleging police had delayed the recording of the statement of Kulkarni, Nanda said the court ignored the testimonies of the other defence witnesses.
Nanda also stated that the court also ignored the fact that he had paid a compensation of Rs 65 lakh each to the victim’s family. He said he had shown good conduct during the trial which was not considered by the judge.
Contending that the court was clearly swayed by media trial, the petition said “the kind of media trial which is going on in the country creates bias not only in the minds of the public but also vitiates the atmosphere.
Apart from Nanda, the trial court on September 5, also sentenced co-convict and businessman Rajeev Gupta to one year rigorous imprisonment for destruction of evidence, Gupta's two employees — hola Nath and Shyam Singh —were however awarded six months' jail terms each for washing off blood stains and pieces of victims' flesh from the offending vehicle after the incident.