This Article is From May 08, 2013

Salman Khan hit-and-run case: Verdict on appeal on June 10

Salman Khan hit-and-run case: Verdict on appeal on June 10

The court will decide whether Salman Khan can be charged with culpable homicide not amounting to murder.

Highlights

  • A Mumbai sessions court will deliver its verdict on June 10 on the admissibility of an appeal filed by Bollywood actor Salman Khan challenging a magistrate's order invoking the charge of culpable homicide against him in a 2002 hit-and-run case. (Also Read: Salman hit and run case: hearing postponed)
  • Sessions judge U B Hejib fixed June 10 for deciding the appeal after arguments concluded today.
  • The 47-year-old actor was granted exemption from personal appearance on a plea by his counsel Ashok Mudargi that he was out of town on account of professional engagement.
  • Advancing his arguments against invoking the grave charge of 'culpable homicide not amounting to murder' (section 304 part II IPC), Mundargi pleaded the magistrate's order was "erroneous, bad in law and contrary to evidence on record."
  • The magistrate, he contended, had failed to appreciate that the actor had neither the intention (to kill people) nor the knowledge that his rash and negligent driving would kill a person and cause injury to four others.
  • The offence under this section attracts a ten-year jail term and is triable by a sessions court.
  • Salman Khan was earlier tried by a magistrate under lesser charge of causing death by negligence (Section 304A of IPC), that provides for a maximum punishment of two years in jail. However, in a twist to the case, the metropolitan magistrate, after examining 17 witnesses, had brought forth the more serious charge of culpable homicide against the actor and transferred it to a sessions court for re-trial.
  • Salman Khan's lawyer also filed written submissions on the appeal and made oral arguments.
  • Public Prosecutor Shankar Erande, while opposing Salman Khan's appeal, said the magistrate had rightly invoked the charge of culpable homicide as he had committed a serious offence. Erande argued a prosecution witness Ravindra Patil (now deceased), a police bodyguard deployed for the actor's security and accompanying him at the time of the accident, had warned him not to drive rashly as it could lead to a mishap. Yet, Khan did not pay heed and drove at a great speed, he said.
  • The prosecutor submitted Salman Khan was drunk and his blood sample revealed 60 mg alcohol which was beyond the permissible limit.
  • In a related development, advocate Abha Singh, appearing for activist Santosh Daundkar, urged the court to permit her to intervene in the matter, saying section 301 of Cr.Pc allowed her to assist the prosecutor.
  • Though the actor's counsel objected to Daundkar's plea for intervention, saying he had no locus standi in the matter, Public Prosecutor Erande said he had no objection. Singh alleged police had favoured Khan by not examining witnesses in the case in the last five years and insisted on the actor's regular appearance.
  • The court would also give its ruling on Daundkar's petition on June 10.
  • One person was killed and four others were injured when the Land Cruiser vehicle allegedly driven by Khan crushed a group of people sleeping on the pavement outside a bakery in suburban Bandra in the wee hours on September 28, 2002.
Mumbai: A Mumbai sessions court will deliverits verdict on June 10 on the admissibility of an appeal filedby Bollywood actor Salman Khan challenging a magistrate'sorder invoking the charge of culpable homicide against him ina 2002 hit-and-run case. (Also Read: Salman hit and run case: hearing postponed)

Sessions judge U B Hejib fixed June 10 for deciding theappeal after arguments concluded today.

The 47-year-old actor was granted exemption from personalappearance on a plea by his counsel Ashok Mudargi that he wasout of town on account of professional engagement.

Advancing his arguments against invoking the grave chargeof 'culpable homicide not amounting to murder' (section 304part II IPC), Mundargi pleaded the magistrate's order was"erroneous, bad in law and contrary to evidence on record."

The magistrate, he contended, had failed to appreciatethat the actor had neither the intention (to kill people) northe knowledge that his rash and negligent driving would kill aperson and cause injury to four others.

The offence under this section attracts a ten-yearjail term and is triable by a sessions court.

Salman Khan was earlier tried by a magistrate under lessercharge of causing death by negligence (Section 304A of IPC),that provides for a maximum punishment of two years in jail.However, in a twist to the case, the metropolitanmagistrate, after examining 17 witnesses, had brought forththe more serious charge of culpable homicide against the actorand transferred it to a sessions court for re-trial.

Salman Khan's lawyer also filed written submissions on theappeal and made oral arguments.

Public Prosecutor Shankar Erande, while opposing Salman Khan'sappeal, said the magistrate had rightly invoked the charge ofculpable homicide as he had committed a serious offence.Erande argued a prosecution witness Ravindra Patil (nowdeceased), a police bodyguard deployed for the actor'ssecurity and accompanying him at the time of the accident, hadwarned him not to drive rashly as it could lead to a mishap.Yet, Khan did not pay heed and drove at a great speed, hesaid.

The prosecutor submitted Salman Khan was drunk and his bloodsample revealed 60 mg alcohol which was beyond the permissiblelimit.

In a related development, advocate Abha Singh, appearingfor activist Santosh Daundkar, urged the court to permit herto intervene in the matter, saying section 301 of Cr.Pcallowed her to assist the prosecutor.

Though the actor's counsel objected to Daundkar's pleafor intervention, saying he had no locus standi in the matter,Public Prosecutor Erande said he had no objection.Singh alleged police had favoured Khan by not examiningwitnesses in the case in the last five years and insisted onthe actor's regular appearance.

The court would also give its ruling on Daundkar'spetition on June 10.

One person was killed and four others were injuredwhen the Land Cruiser vehicle allegedly driven by Khan crusheda group of people sleeping on the pavement outside a bakery insuburban Bandra in the wee hours on September 28, 2002.
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