India | Updated Sep 03, 2008 at 12:54am IST

BMW case defence says Sec 304 not applicable

CNN-IBN

New Delhi: The sessions court, in a first ever instance of the conviction of an accused in a hit and run case under Section 304 has given a landmark judgment in the Sanjeev Nanda-BMW hit and run case.

And the Nandas' lawyer is not happy.

In most cases, the conviction is under Section 304 (1) which is for causing death by rash and negligent act. In those cases the maximum sentence is two years.

Nanda has been sentenced under 304 part II. It deals with not just hit and run cases but with culpable homicide not amounting to murder.

The maximum punishment in the latter is ten years imprisonment.

But Sanjeev Nanda's lawyer said he was shocked at the judgment and reiterate that they will appeal against the conviction.

Prem Kumar, the defence lawyer says he is shocked with the verdict.

"We will take all necessary and possible defences available to a convict for seeking leniency in the matter. The logical next step is seeking the release of the convict. We will tell the higher appellate authority which is the High Court of Delhi, that this is a good case for releasing him during the hearing of the appeal."

The defence lawyer also added that it was shocking that the conviction had been done under Section 304 at all.

The sessions court will decide the quantum and severity of punishment on Wednesday.

It has been already a long running case.

Nanda had mowed down six people nine years ago , while driving his BMW car in a drunken stupor in the national capital.

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