A city sessions court on Friday set the stage for a fresh trial of Bollywood actor Salman Khan in the 2002 hit-and-run case, by summoning him to appear before it on July 24 for framing graver charges of culpable homicide not amounting to murder — an offence, if established, might see behind the bars for a maximum of 10 years.
Nearly a month after he ruled that an offence of “culpable homicide not amounting to murder” had been made out against the actor, Sessions Judge UB Hejib set into motion the process of trying Salman afresh under Section 304 (II) of Indian Penal Code — a more charge of causing death by negligence ( Section 304-A of IPC).
In the September 28, 2002 hit-and-run incident, Salman — allegedly in a drunken state — drove his land Cruiser recklessly near his Bandra residence, killing a pavement dweller and injuring four others, who were asleep on the same pavement. Forty-eight-year-old Salman was present personally in the courtroom, when judge Hejib set July 24 as date for framing of fresh charges against the actor in the hit and run case.
Friday's development was an inevitable consequence of the rejection of the actor's petition challenging a lower court's order by the same sessions court judge, who had ordered that the actor be tried for culpable homicide not amounting to murder, in the hit-and-run case.
There was indeed some drama inside the courtroom earlier, when Salman - dressed in a formal blue shirt and jeans- walked in there with his now-trademark swagger. Though the actor had come along with his team of lawyers, his personal body guard Shera and sisters Alvira and Arpita, Salman went and sat alone on a bench in visitors’ area.
A surprised Judge looked at the actor and gestured him to move to the dock, where an accused stands in the courtroom. The actor quietly obeyed the judge and walked over to the dock, where he remained for the next three hours when the hearing was on.
The actor was making a personal appearance in the sessions court after several months exemptions granted to him by the Bandra metropolitan magistrate.
Midway through the trial of the actor under Section 304-A of IPC (causing death by negligence), the Bandra Metropolitan Magistrate had on January 31, 2013 allowed the Prosecution to revive the charge of “culpable homicide not amounting to murder." for allegedly killing a pavement dweller and injuring four others in the hit-and-run case. Through his January 31 order, the Bandra Magistrate committed the case to the city sessions court for a fresh trial.
The actor subsequently filed a revision application before the sessions court, challenging the Bandra Magistrate's order on the ground that the lower court's order enhancing the charge against him was "erroneous, bad in law and contrary to evidence on record".
At the previous hearing held on June 24 when the sessions court rejected the actor's plea, Judge Hejib had held that there was merit in Public Prosecutor Shankar Erande's contention that Magistrate had rightly invoked the charge of culpable homicide as he had committed a serious offence.
Salman, it may be recalled, had initially been charged under section 304 (II) of IPC for culpable homicide not amounting to murder.