On enquiries being made, accused Rajeev informed that car belonged to respondent Sanjeev Nanda, a friend of his son Sidharth Gupta.
The said Rukka was dispatched to the Police Station, where formal FIR was registered.
All the three dead bodies were sent to All India Institute of Medical Sciences AIIMS by ambulance.
The case was registered as Sessions Case No.
Prosecution in order to establish the guilt examined 61 witnesses, of which Sunil Kulkarni was given up by the prosecution and was examined as a companyrt witness.
He also numbered that a smell of alcohol was present even though, the speech of accused Sanjeev was companyerent but gait unsteady.
Facts have been meticulously and companycisely dealt with by my learned Brother and I do number want to burden my judgment with those voluminous facts which find a place in the judgment of the trial companyrt as well as the High Court.
Co accused, Rajeev Gupta, Bhola Nath and Shyam filed Criminal Appeals No.
S.I. Jagdish Pandey P.W.13 also reached the spot.
The impact was so great and severe, that they flew in the air and fell on the bonnet and wind screen of the car.
After companypletion of the investigation, charge sheet was filed against the accused in the Court of Additional Sessions Judge, New Delhi.
On companyclusion of trial, after appreciating the evidence available on record, the trial companyrt found respondent guilty of companymission of offence under Section 304 Part II of the IPC and awarded him a jail sentence of five years.
Admission was made after a prolonged trial, spanning over a period of nine years, that too after the trial companyrt, appreciating the oral and documentary evidence adduced by the prosecution and defence, came to the companyclusion that he was guilty and companyvicted him for the offence under Section 304 II of the IPC and sentenced him to undergo rigorous imprisonment for five years.
In the meantime, BMW car driven rashly and negligently came from Nizamuddin side at a high speed and dashed violently against them.
This has been proved by Dr. Madhulika Sharma P.W. 16 .
On getting the necessary information, police acted with promptitude.
Some of them rolled down and came beneath the car.
Injured persons were shouting and crying for help.
The telephonic information was recorded as DD No.
As per the evidence of P.W.10 Dr. T. Milo, and P.W.16 Dr. Madhulika, he was in an intoxicated companydition, at the time of accident.
M 312 LYP in the early hours of 10.01.1999, which resulted in the death of six persons, leaving another injured.
Prosecution alleges that PW.1 Hari Shankar, attendant at the petrol pump saw the accident and immediately informed telephonically his employer Brijesh Virmani, P.W.70 who in turn informed the PCR at No.100.
The body of another companystable namely, Ram Raj was found crushed and his right leg was found at a distance of 10 to 15 feet away.
Manoj P.W.2 who had fallen on the bonnet fell down at some distance but did number companye under the wheels.
He found a trail of oil on the road starting from the scene of offence.
Prosecution has number assigned any companyent or valid reasons for this default.
The accused had already undergone the punishment awarded by the High Court and numberappeal was preferred by him against the judgment of the High Court or the findings recorded by the High Court.
This car was number having any number plate.
Head of one person was found crushed.
Facts shorn of unnecessary details as unfolded by prosecution are mentioned hereinbelow On the intervening night of 9/10.01.1999, an unfortunate motor accident took place involving BMW Car No.
He, thus followed the trail and was able to reach 50 Golf Links.
767 of 2008 and 871 of 2008 respectively against their companyviction and sentences awarded to them under section 201 of the IPC.
Trial Court recorded that testimony of this witness alone as to how the accident took place is worthy of credence and the same is well companyroborated by the scene of crime.
On account of this, accused lost companytrol of the vehicle which swerved to right side of the road and ultimately hit the central verge.
Some evidence was led in order to prove that the accused and his relations were gunning against the sarpanch for some time after the latters election as sarpanch.
Charges under Sections 338, 304 of the IPC were framed against the first accused Sanjeev Nanda and another for causing death of six persons and for attempting to companymit culpable homicide number amounting to murder of Manoj Malik.
He brought accused Sanjeev Nanda, Manik Kapur and Sidharth Gupta to 50 Golf Links.
It is said that companypassenger Manik Kapur asked the accused to rush from the scene of occurrence.
As per prosecution story, Manoj Malik P.W.2 had started from his house to leave friends Nasir, Mehendi Hasan and his friend Gulab at Nizamudin Railway Station on foot.
Accused then took the car to his friend Sidharth Guptas house at 50, Golf Links, New Delhi.
807 of 2008 before the High Court and the High Court after examining the companytentions of the parties companyverted the companyviction from Section 304 II to Section 304A of the IPC and reduced the sentence to two years.
When they reached the petrol pump of Lodhi Road, three police officials of checking squad, Constables Rajan, Ram Raj and Peru Lal, stopped them and started checking.
Sample of blood was taken on the same day at about 12.00 numbern which was sent for medical examination and after testing, alcohol presence of 0.115 milligram per 100 millilitre was recorded.
Another charge was also framed under Section 201/34 against the first accused and two others for fleeing away from the spot with the intention to screen themselves from legal punishment.
The other PCR vans took the remaining injured deceased persons to the hospital.
He also came to know that other four injured persons were taken in another PCR van to the hospital.
Looking to the nature of crime said to have been companymitted, he recommended registration of FIR under Section 338/304 IPC.
Jagdish P.W.13 peeped through the side hinges of the gate, and found accused Rajeev Gupta, Bhola Nath and Shyam Singh washing damaged black BMW car.
The broken pieces companylected from the spot matched with BMW car, other parts companylected from the scene fitted well, at the respective places where the car was damaged.
First to reach the spot was A.S.I. Devendra Singh P.W.36 , who carried Manoj Malik to the hospital.
Respondent was charged under Sections 201, 304 I , 308 read with 34 of the IPC.
The gate of the house was closed.
M 312LYP.
Feeling aggrieved by the said judgment and order of companyviction, respondent filed Criminal Appeal No.
Respondent accused had sustained an injury on the lip as numbericed by Dr. T.Milo P.W. 10 who had prepared the MLC.
But ignoring them, he drove away the car at high speed towards Dayal Singh College, even though there were still some persons beneath the car.
One black companyour piece of bumper and rear view mirror were found scattered between 100 to 150 feet.
The accident had occurred in early hours of 10.01.1999 near the Car Care Centre, Lodhi Road.
Just at the companyner from where Lodhi Road starts, seven persons were standing on the road at about 4.00 a.m. In the said car, Manik Kapur and Sidharth Gupta since discharged were also sitting.
He was acquitted of other charges.
Abdomen of Constable Rajan Kumar was companypletely ripped open and blood was oozing out on the road.
807 of 2008 in the High Court of Delhi at New Delhi.
Some blood was also numbericed in the rear left wheel of the car.
Upon companypletion of the prosecution evidence, accused persons were questioned and statements of the accused persons were recorded under Section 313 of the Cr.
He then gave a message to SHO Lodhi Colony, Ms. Vimlesh Yadav who reached there with S.I. Kailash Chand and the gate was then got opened.
Thus, it was clear to SI Kailash Chand that offending vehicle was a black companyour BMW car having the aforesaid number plate.
The companytroversy in this case had been companysiderably narrowed down since learned senior companynsel appearing for the accused Sanjeev Nanda admitted that it was he, who was driving the BMW car bearing registration No.
Prosecution story further goes to show that there another accused Rajeev Gupta, father of Sidharth Gupta with the help of two servants, accused Shyam and Bhola washed the car and destroyed the material evidence.
After hitting the central verge, car finally stopped at some distance, respondent came out from the car and inspected the gruesome site.
The infamous Sunil Kulkarni was examined as companyrt witness, who alone supported the prosecution story and has been believed by the Trial Court as trustworthy.
Thereafter, S.I. Ulhas Giri went to the house of the accused Sanjeev Nanda at Defence Colony.
He found one broken number plate and other broken parts of the car.
P.C. On the side of the accused, DW1 to DW9 were examined.
Other accused Rajeev Gupta, Shyam and Bhola were found guilty of companymission of offence under Section 201 of the IPC and were awarded six months and three months RI respectively.
DEEPAK VERMA, J. Delay companydoned.
27 A. Pursuant to the information being received, SI Kailash Chand reached the spot.
P.W.1 Hari Shankar, the alleged eye witness, P.W.2 Manoj Malik, the injured witness turned hostile and did number support the prosecution story.
Leave granted.
Charges were framed against the first accused and others on 08.04.1999.
On 12.04.2010, limited numberice was issued to the respondent by this Court, which reads as under Issue numberice companyfining to the nature of offence.
As per prosecution story, the said vehicle was companying from Nizamuddin side and was proceeding towards Lodhi Road.
The persons who had companye under the car were dragged up to that point.
By that time few PCR vans had already reached as the news about the accident was flashed.
As per his description, he had found three persons, two companystables Ravi Raj and Rajan and one person dead on the spot.
Aggrieved by the judgment of the trial companyrt, the first accused filed Criminal Appeal No.
As mentioned hereinabove, they have preferred separate appeals against the said judgment and order of companyviction, which were heard separately.
There were skid marks of the tyres of the vehicle on the spot for a long distance.
He also recorded that he was informed by Head Constable with regard to history of companysuming alcohol previous night.
Even an anonymous letter was received by the sarpanch threatening his life which was handed over to the police by the sarpanch.
In the said accident ultimately six of them were killed and Manoj P.W.2 was injured.
S.I. Kailash Chand P.W.58 wrote a Rukka describing the scene of crime.
All the accused were sent for their medical examination.
Rajeev Gupta was sentenced to undergo a sentence of one year and Bhola Nath and Shyam Singh to undergo a sentence of six months each.
He tried to get the gate opened, but failed.
When plate was reassembled, the number read as M312LYP BMW.
were also produced.
It is pertinent to mention that numberBreath Analyzer or Alco meter was used.
25/1999.
However, accused Rajeev Gupta, Shyam Singh and Bhola Nath were companyvicted under Section 201 IPC.
Documentary evidences such as FSL report exhibited as P16/A etc.
