The re-trial of Bollywood actor Salman Khan in the much-discussed hit-and-run case will draw to a formal close on May 6, when a city sessions court pronounces its verdict on whether or not the actor is guilty of fatally running over one person and injuring four others on the intervening night of September 27 and 28, 2002.
A day after the final arguments by both the Prosecution and defence lawyer concluded in the case, Additional Sessions Judge DW Deshpande on Tuesday announced that he would deliver his judgement in the hit-and-run case on May 6. Having initially proposed that he would like to pronounce the verdict on May 5, the Judge deferred the date of the judgement by a day, after Special Public Prosecutor Pradeep Gharat sought postponement citing his pre-occupation with some personal important personal engagement.
Forty-nine-year-old Salman was not present in the court, when the Judge fixed May 6 as the date for pronouncing the verdict in the case. The Judge directed the actor to remain present in the court on the day of the verdict. In his re-trial in the hit-and-run case, Salman was tried for an aggravated charge of culpable homicide not amounting to murder (section 304 part -II of IPC) invoked against him midway through the earlier trial on December 5, 2013. Fresh charges were framed against the actor in the court of judge U B Hejib on July 24 last year.
If convicted for culpable homicide not amounting to murder, the actor may face an imprisonment for a maximum period of 10 years.
The Prosecution’s case is that Salman — allegedly in a drunken state — had on the intervening night of September 27-28, 2002, rammed his Toyota land Cruiser lexus into the American Express Bakery and laundry at Bandra (west) in north-west Mumbai, killing one person and injuring four others.
During the course of the actor’s re-trial in the 2002, the Prosecution examined 27 witnesses, while the defence examined only one witness – the actor’s driver Ashok Singh. In addition, the trial court recorded accused actor’s statement under section 313 of the Cr PC.
In addition, the trial court recorded accused actor’s statement under section 313 of the Cr PC. In his statement before the court, Salman claimed that it was not he but his driver Ashok Singh who was behind the wheels at the time of mishap, a claim that found corroboration in the deposition made subsequently by Singh in his capacity as the defence witness.
The hit-and-run case, involving Salman Khan, has taken more than 12 years before reaching as decisive a stage as it has today. It took more than four than four years before the original trial in the case could begin in the Magistrate’s court in December, 2006.
During the original trial, the Prosecution had in all examined 17 witnesses. Mid way through the trial, Ravindra Patil, the actor's former police body guard and complainant in the case, died of acute bilateral tuberculosis, at a city civic TB hospital on October 3, 2007.
Patil’s evidence is crucial in the case, considering that he had told the complaint to the Bandra police and also made a submission a Magistrate that Salman was behind the wheels at the time of mishap and that he had warned the actor not to drive rashly or else he would meet with an accident but the actor did not heed to his advice.
In the earlier trial held in a city magistrate's court, Salman had been tried for causing death by negligence under 304 (I) of IPC and for other offences including rash driving, causing hurt, causing grievous injury by an act endangering life or personal safety of others) and driving in a drunken state.
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.
In the re-trial that began on April 28, 2014, the actor was tried for charges framed against him under IPC Sections 304 part II (culpable homicide not amounting to murder) which stipulates a maximum punishment of 10 years in prison; 279 (rash and negligent driving) that attracts a punishment of six months’ jail; 337 & 338 (causing hurt by act endangering life and causing grievous hurt respectively) and 427 (mischief causing damage to property) which stipulate a maximum punishment of up to two years of imprisonment.The actor also faced charges under the Motor Vehicle Act for driving vehicle in contravention of rules driving at great speed after consuming alcohol and under the Bombay Prohibition Act relating to driving under influence of alcohol with maximum six months’ jail.
Meanwhile, the sessions court disposed of an application filed by the accused actor’s lawyer Srikant Shivade seeking contempt action against police and two city newspapers for publishing news and photographs of an attempt made by Bandra Police Station to recreate the scene of crime.
The Bandra police drove a vehicle from J W Marriot Hotel to the accident spot at the same time the actor had allegedly steer of his high-end car to prove that Khan had driven the car at a great speed to cover the distance.
Prosecutor Pradeep Gharat had also filed an application, saying he had not approved of the police action to recreate the scene of offence as the matter was sub—judice. He recommended action may be taken against the officer.
However, the court disposed of both applications after senior police inspector Rajendra Kane for his action and the two newspapers tendered an apology for carrying the news reports and photographs.The Judge, however, warned the two newspapers against filing speculative reports till the judgement is delivered in the case.