The Mumbai Sessions Court on Monday rejected Salman Khan’s review petition and ruled that the actor will be tried for culpable homicide not amounting to murder – a charge that entails a maximum imprisonment of 10 years. The court has given Khan a month’s time to appear for hearing.
Actor Salman Khan will be tried for culpable homicide for a hit-and-run accident in 2002 in which one person was killed and four were injured in Mumbai.
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 47-year-old actor and transferred it to a sessions court for retrial. Khan’s lawyer also filed written submissions on the appeal and made oral arguments.
Public Prosecutor Shankar Erande, while opposing Khan’s appeal, had said the magistrate had rightly invoked the charge of culpable homicide as he had committed a serious offence. 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 did not pay heed and drove at a great speed.
The prosecutor submitted that Khan was drunk and his blood sample revealed 60 mg alcohol which was beyond the permissible limit. In another development, advocate Abha Singh, appearing for activist Santosh Daundkar, had urged the court to permit her to intervene in the matter, saying section 301 of CrPc allowed her to assist the prosecutor.
The 47-year-old actor was earlier being tried under a less charge of rash and negligent driving, which carries a maximum sentence of two years. However, in January, the court handling his case accepted that the police had provided enough evidence to upgrade the charges.
If convicted for this charge, Mr Khan, who was not in court today, faces a 10-year jail term. He has been given a month to appear in court.
Mr Khan is alleged to have rammed his Toyota Land Cruiser vehicle onto a pavement near a bakery in suburban Badra in 2002; the car ran over five people sleeping on the pavement outside.
In 2006, he spent three days in prison for killing the endangered black buck deer in Rajasthan.
Mr Khan, who was not in court today, said in a statement to the press: Upon the order being made available, we will assess next steps, including challenging the same before the Hon’ble Bombay High Court. It would not be appropriate to comment on the order, or next steps, at this stage.
LEGAL TROUBLES :
SalmanHit-and-Run Case: In 2002, Salman Khan was accused of allegedly running over five people, killing one and injuring others on a Mumbai pavement in September 2002. He spent 17 days in jail. He clarified later that he was not driving.
The latest is that the magistrate court has added the harsher legal section of culpable homicide not amounting to murder against the actor. Under this section, if found guilty, the court can award can award Khan a maximum punishment of 10 years’ of imprisonment. READ MORE
Blackbuck Case: In February 2006, Salman Khan was convicted under the Wildlife Act for poaching a Chinkara in Jodhpur during the shooting of film Hum Saath Saath Hain in September 1998. He was Salmansentenced to one-year imprisonment and was slapped a fine of Rs. 5,000. Actor Saif Ali Khan too, was accused of the hunting.