India | Updated Sep 02, 2008 at 12:57pm IST

Drunk and driving: The BMW case in nine years

New Delhi: Nine years after the BMW hit and run case, the Patiala House court is likely to pronounce its verdict on the case on Tuesday.

On January 10, 1999 at 0430 hrs IST on Lodhi road, South Delhi, an over speeding black BMW car lost its control and ran over six people, including four policemen, before searching to a halt near the Hudco building.

Nine years after the horrific accident, the court is likely to pronounce the verdict in the case.

Standing in the dock as an accused would be the heir of one of the richest families in India. The accused, Sanjeev Nanda is the grandson of a former Navy chief and son of a renowned and influential arms dealer.

Prosecution has charged Sanjeev and co accussed Manik Kapoor with culpable homicide under Section 304-part I, while other accused Rajiv Gupta, Bhola Nath and Shyam Singh Rana are facing charges for destruction of evidence. If convicted, Nanda can spend the rest of his life behind the bars.

According to the prosecution Sanjeev, Manik and their friend Siddharth Gupta were returning from a party that fateful night and were drunk. Sanjeev lost control of the car and rammed it into a police picket killing four police men and two casual workers.

The key witness, Sunil Kulkarni, testified that he heard one of the occupants of the car say, "Sanj lets go" after which the trio who were inspecting the damage to the car drove off crushing people under the vehicle in the process. The reason why prosecution argues it can’t be called a simple case of rash and negligent driving but Kulkrani's testimony too is under the scanner.

"Sunil Kulkarni was dropped by prosecution as a witness He was later called by the court even then he didn’t identify Sanjeev as the driver,” says the Defence lawyer Ramesh Gupta.

Prosecution however has now based its entire argument on Kulkarni's statement as the key witnesses have turned hostile including one of the survivors of the case, Manoj Malik, who earlier said a truck hit them.

The BMW case has probably been one of the most controversial criminal trials as the senior advocates, R K Anand and I U Khan, pleading the case too came under the scanner for their conduct. The Delhi High Court found both the lawyers guilty of trying to bribe the key witness of the case.

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