BMW hit-and-run case: SC acquits three co-accused

The court underlined severe discrepancies in the investigation and said that the case against the trio could not be established beyond reasonable doubts due to the inadequacy of the incriminating materials against them.

“No credible evidence was recorded by the prosecution to show who washed the (BMW) car (immediately after the accident to remove blood stains),” said the bench. It also questioned as to why did the Delhi Police not lift fingerprints from the car to establish who had tried to destroy the evidence.

The apex court has already reserved its verdict on an appeal by the Delhi Police against the Delhi High Court order,which had reduced Sanjeev Nanda’s sentence from five years to two years.

The Delhi High Court had in July 2009 reduced Nanda’s sentence from five to two years in jail after holding he could not have had the knowledge that the tragedy could strike by his rash and negligent driving. Nanda was behind the wheels when he had mowed down six persons,including three policemen,with his BMW car on January 10,1999. The court had modified the trial court’s order by holding him guilty under Section 304-A (causing death due to rash and negligent act) and acquitting him of Section 304 (culpable homicide not amounting to murder).