2009 Supreme(Del) 772
KAILASH GAMBHIR
Sanjeev Nanda – Appellant
Versus
State – Respondent
Advocates appeared:
For Appellant/Petitioner/Plaintiff:Ram Jethmalani and Siddharth Luthra, Sr. Adv., R.N. Karanjawala, Sandeep Kapur, Saurab Ajay Gupta, Lataa Krishnamurti, Rajat Wadhwa, Mehul Milind Gupta, Shivel Trehan, Madhav Khurana, Arndam Mukherjee, P.R. Mala, Saurabh Gupta, Joyeeta Banerjee and Rajdeep Banerjee, Advs. in Crl. Appeal No. 807/2008, D.C. Mathur, Sr. Adv. and Mohit Mathur, Advs. in Crl. Appeal No. 767/2008, S.S. Gandhi, Sr. Adv. and Abhilash Mathur, Adv. in Crl. Appeal No. 871/2008 For Respondents/Defendant: Pawan Sharma, Addl. P.P.
Judgement Key Points
- Key Points:
- The judgment converts Sanjeev Nanda’s conviction from 304(II) IPC to 304A IPC, impacting the main offence liability. (!) (!)
- The Court discusses whether the evidence supports a finding of drunken driving and high speed, and critiques the trial court’s reliance on court witness Sunil Kulkarni and videography for reversal marks. (!) (!) (!)
- The legality and weight of PCR messages, 161/164 statements, and the videotaped scene are analyzed, concluding PCR messages are not evidentiary and that 161/164 remain primary, with videography as corroborative but not substituting for expert proof. (!) (!) (!)
- The role of speed, fog/mist, visibility, and skid marks in determining knowledge under 299/300 IPC and their impact on 304A vs 304(II) findings are examined. (!) (!) (!)
- The court upholds conviction under 201/34 IPC for Rajiv Gupta, Bhola Nath, and Shyam Singh Rana, with sentencing under Part III of 201 IPC, after main offender’s conviction changed. (!) (!)
- The judgment emphasizes the need for fair trial, speedy trial, and the proper handling of witnesses, including protection concerns for witnesses. (!) (!) (!)
What is the appropriate section under IPC for the appellant's conviction given the evidence (304A vs 304(II))?
What is the Court’s view on the admissibility and weight of PCR messages, 161/164 statements, and video evidence in determining guilt?
How should the conviction under Section 201 IPC be treated in light of the main offence conviction under 304A or 304(II), and what factors govern sentencing?
JUDGMENT
Kailash Gambhir, J.
The miracle is not to fly in air or to travel to the moon, but to walk on the earth", says a Chinese proverb.
1. The increase in vehicular traffic alongwith the population of Delhi has grown much faster since the time Maruti Company has flooded the market with their brand of cars for the middle class of the society. Although the capital of the country is dominated by the middle and lower class, but the presence of rich and affluent is no less visible when one looks at the roads of Delhi to find large number of high class luxurious cars, including the Mercedes and BMWs. The traditional mode of travelling by tangas, bicycles, rickshaws, two wheelers is coming to gradual extinct except in the interiors of some localities.
2. Except for a few hours between midnight to dawn, one cannot see even a patch of earth but vehicles and vehicles either running or stranded in traffic jams on Delhi roads. This ever increasing vehicular explosion in traffic is due to the rapid increase of human population primarily due to continuous migration of people in search of their livelihood from adjoining states and from far flung areas. In this unmanageable crowd, what we have
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