A Delhi court on Tuesday convicted businessman Sanjeev Nanda in the BMW hit-and-run case

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In a significant judgment, a Delhi court on Tuesday convicted businessman Sanjeev Nanda in the BMW hit-and-run case. The court said he deserved strict punishment because of "drunken driving". Twenty nine-year-old Nanda is grandson of a former Navy chief and heir to one of the richest families in India. He now stands the prospect of spending the next 10 years of his life behind bars.

Additional Sessions Judge Vinod Kumar held Nanda guilty of mowing down six people including four policemen on January 10 1999 policemen with his luxury BMW car on January 10, 1999 in Lodhi Colony of south Delhi. He was allegedly drunk at the time. “We will decide on an appeal,” said Nanda’s lawyer, Ramesh Gupta. The court also held businessman Rajiv Gupta and his two servants Bholanath and Shyam Singh guilty, for destruction of evidence. The only person who was acquitted was Nanda's alleged co-passenger Manik Kapoor, in that black BMW driving down Lodhi road January 10.

The prosecution had relied heavily on controversial eyewitness Sunil Kulkarni's statement and in the end it proved to be the correct strategy. The Additional Sessions Judge held Kulkarni testimony – that Nanda reversed the black BMW, crushing survivors in the process - was clinching evidence in the case.

However, what really sets the BMW verdict apart is that the affluent accused tried to hijack the entire criminal justice system through their money power. Now as the argument for quantum of punishment begins on Wednesday, the question, which remains, is in the light of such stringent indictment, can defence lawyers save Nanda from 10 years of imprisonment?

On the other hand, the Nandas' lawyers are 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 lawyers said they were 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 they are shocked at the conviction being 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.

Victim’s wife is unsure, loosing faith

For almost 10 years, they had waited for this day, but ahead of the verdict in the BMW hit-and-run case, the family of Peru Lal, a constable run over by Sanjeev Nanda, had little hope for justice. His wife, Phula Devi said, "If nothing's happened for so long, what's going to happen now? He'll surely be let off." A few hours later, despite Nanda being found guilty, Phula Devi sounded just as disheartened. "I am telling you, he will surely be let off. A rich man can always get away with everything," she said.

In the 10 years since Peru Lal died, a tired resignation has crept over his family. They have grown tired of waiting for a judgement that's taken too long coming. All they want now is the compensation the government promised them a decade ago. Peru Lal's son, Pawan Lal says, "All this while, we didn't get anything. If the promises were kept, we would have been happier than this verdict." The courts have spoken, but the families don't seem to care anymore. It's now just a verdict on paper which doesn't satisfy the wait Peru Lal's family has had to endure for almost 10 years.  Justice may have been done, but the delay has spoilt its impact.