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Court rejects Salman`s plea to drop charge in hit-and-run case
Mumbai, May 02: A sessions court today rejected the plea of film actor Salman Khan to drop the charge of culpable homicide not amounting to murder, to be framed against him in a hit-and-run case.
Mumbai, May 02: A sessions court today rejected the plea of film actor Salman Khan to drop the charge of culpable homicide not amounting to murder, to be framed against him in
a hit-and-run case.
Principal Judge A J Dholakia turned down the actor's plea
to drop this charge (Section 304 part two IPC) on the ground
that he appeared to be prima facie involved in the alleged
crime.
After hearing arguments, the judge opined that Salman indeed had the knowledge that rash and negligent driving may cause death of persons although he did not intend to kill anyone. Salman had rammed his vehicle into a bakery in suburban Bandra on September 28 last year, killing one person and injuring four others.
The actor's lawyer Adik Shirodkar opposed the charge of culpable homicide not amounting to murder. He said it was not applicable as Salman did not have knowledge that his act of rash and negligent driving would result in death of a person and cause injuries to others. He argued that Salman's act was at the most an offence of negligent driving and was triable by a magistrate and not the court of sessions. Hence the matter be transferred to the court of magistrate and the charge of culpable homicide not amounting to murder be dropped by the sessions court, he said.
The actor was present as directed by the court.
The prosecutor, R V Kini, on the other hand, argued saying the charge of culpable homicide was totally justified in Salman's case because he had the knowledge about his rash and negligent driving. He pointed out that Salman's bodyguard Ravindra Patil had warned Salman not to drive the car at high speed or else he would meet with an accident. Besides, the actor was staying in the same area where the accident occurred. Hence he was familiar with the topography of the area and had knowledge that people slept outside shops in that locality.
There was evidence to show that Salman was allegedly under the influence of liquor when he was driving his Toyota Land Cruiser which met with the accident, the prosecutor said.
Bureau Report
After hearing arguments, the judge opined that Salman indeed had the knowledge that rash and negligent driving may cause death of persons although he did not intend to kill anyone. Salman had rammed his vehicle into a bakery in suburban Bandra on September 28 last year, killing one person and injuring four others.
The actor's lawyer Adik Shirodkar opposed the charge of culpable homicide not amounting to murder. He said it was not applicable as Salman did not have knowledge that his act of rash and negligent driving would result in death of a person and cause injuries to others. He argued that Salman's act was at the most an offence of negligent driving and was triable by a magistrate and not the court of sessions. Hence the matter be transferred to the court of magistrate and the charge of culpable homicide not amounting to murder be dropped by the sessions court, he said.
The actor was present as directed by the court.
The prosecutor, R V Kini, on the other hand, argued saying the charge of culpable homicide was totally justified in Salman's case because he had the knowledge about his rash and negligent driving. He pointed out that Salman's bodyguard Ravindra Patil had warned Salman not to drive the car at high speed or else he would meet with an accident. Besides, the actor was staying in the same area where the accident occurred. Hence he was familiar with the topography of the area and had knowledge that people slept outside shops in that locality.
There was evidence to show that Salman was allegedly under the influence of liquor when he was driving his Toyota Land Cruiser which met with the accident, the prosecutor said.
Bureau Report