MUMBAI, July 24: A Mumbai court today framed charges against actor Salman Khan, including under harsh provisions relating to culpable homicide, in the 2002 hit-and-run case for which he may face a jail term of 10 years.
The Bollywood superstar, who had earlier been tried for a lesser offence of causing death by negligence (Section 304 A of IPC), which provides for a maximum punishment of two years in jail, will now stand trial under a more stringent law pertaining to culpable homicide not amounting to murder that attracts maximum punishment of a jail term upto ten years.
Sessions judge U B Hejib read out the charges to the 47-year-old actor, who pleaded “not guilty”.
Now the court would issue summonses to witnesses and record their statements, setting in motion the trial.
A glum-faced Salman, who came to the court in a grey shirt and black trousers, was charged under Sections 304 (2) (culpable homicide not amounting to murder), 279 (rash and negligent driving), 337 (causing hurt by act endangering life), 338 (causing grievous hurt) and 427 (mischief causing damage to property) of the Indian Penal Code.
Besides, he was charged with Sections 34(a)and(b) (cancellation of registration of vehicle) read with 181 (driving vehicle in contravention of rules) and 185 (driving at great speed after taking drinks) of the Motor Vehicles Act apart from Bombay Prohibition Act for driving under the influence of liquor.
The actor moved an application seeking exemption from personal appearance during the trial on account of professional engagements which was granted.
He was, however, directed to be present before the court whenever required.
Initially, the Judge said he would not frame charges against Salman as he had been transferred and a new Judge would be assigned to hold the trial.
The actor’s lawyer Srikant Shivade urged that framing of charges be deferred. However, prosecutor Shankar Erande insisted that the charges be framed today itself to avoid delay. The court then framed the charges and adjourned the case to August 19.
On a plea by Salman’s lawyer, the court also asked the media to observe restraint in coverage and report the proceedings correctly.
A man was killed and four others were injured when a Land Cruiser, allegedly driven by Salman, crushed a group of people sleeping on the pavement outside a bakery in suburban Bandra on September 28, 2002.
Earlier Salman Khan was tried in a metropolitan court, which had called off the trial mid-way after examining some witnesses, ruling that the offence of culpable homicide was made out against the actor and transferred the case to the sessions court for a fresh trial. Offences under culpable homicide not amounting to murder are triable by a sessions court.
Sessions judge U B Hejib had on June 24 upheld the metropolitan magistrate’s order and dismissed the actor’s appeal against the verdict.
The sessions court would on August 19 also give its orders on two related applications moved by activist Santosh Daundkar seeking to intervene in the case and another by the actor’s counsel for restraining the media from “maligning” the actor. The court today only made an oral observation asking the media to exercise restraint while reporting the case.
In a related development, Daundkar’s advocate Abha Singh today sought transfer of an application from a metropolitan magistrate’s court to the sessions court seeking action against police officials for allegedly giving false evidence (perjury) during the earlier trial.
According to Singh, the police had deliberately served summons to wrong set of doctors as witnesses to depose during the trial which got delayed because of that.
Asked what would happen to the evidence adduced earlier in magistrate’s court, Singh told the media that one of the eyewitnesses Ravindra Patil has since died but his statement recorded by the magistrate would be considered as evidence by the sessions court.(PTI)
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