Court rejects Salman's plea‚ may go to jail

MUMBAI: An Indian sessions court on June 24 held that the offence of ‘culpable homicide not amounting to murder’ under IPC had been made out against Bollywood actor Salman Khan in a 2002 hit-and-run case and rejected his appeal challenging a Magistrate’s order invoking this charge.

Sessions Judge UB Hejib dictated the order in an open court. Under the provision‚ the actor might be awarded 10 years imprisonment and is triable by a sessions court.

However‚ in a twist to the case‚ the Bandra Metropolitan Magistrate‚ after examining 17 witnesses‚ had brought forth the more serious charge of culpable homicide against Khan and transferred it to a sessions court for re-trial.

Advancing his argument against invoking the grave charge of culpable homicide not amounting to murder (section 304 part II IPC)‚ his counsel Ashok Mundargi pleaded that 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.

Public Prosecutor Shankar Erande while opposing Khan’s appeal said the Magistrate had rightly invoked the charge of culpable homicide as he had committed a serious offence.

The court fixed July 19 for commencement of the retrial.

Erande argued that 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 drove at a great speed‚ the prosecutor contended further submitting Khan was drunk and his blood sample revealed 60 mg alcohol which was beyond the permissible limit. He said Khan had the knowledge that his act of rash driving might result in death of people in accident.

One person was killed and four others were injured when the Land Cruiser allegedly driven by Khan ran into a group of people sleeping on the pavement outside a bakery in suburban Bandra in the wee hours on September 28‚ 2002.

Labels: Entertainment