The Prosecution on Monday opposed the actor’s plea for examination of Salman Khan’s singer-friend Kamaal Khan, who was in the car that was involved in the much-discussed 2002 hit-and-run case involving the actor.
During the course of the day-to-day hearings being held before the court justice a R Joshi, the actor’s counsel wanted to know from the court as to what was the status of his application made on November 16, seeking the examination of Kamaal Khan as a witness in the case.
During the post-lunch session, Special Public Prosecutor Sandeep Shinde made a written submission before the court on Desai’s plea.
The Judge said that he would hear arguments from both sides on Tuesday.
The Prosecution’s contention is that Salman Khan, actor-singer Kamaal Khan and police constable Ravindra Patil were in the car when the actor was allegedly driving the vehicle in an inebriated condition. However, the defence lawyer’s claim is that besides these three persons, family drivers accompanied them — Altaf from Galaxy Apartments at Bandra to Rain Bar & Restaurant in Vile Parle to JW Marriott Hotel at Juhu-Tara Road from where Singh took over and was driving when the accident took place.
Desai had earlier argued that Kamaal Khan was with Salman for the entire evening and he could throw light on the incident better than anyone else “but the Prosecution never examined him”.
Talking to media persons outside the court, Shinde said, “It is not that we have not tried to get in touch with Kamaal Khan and examine him as a prosecution witness, but we could not find him. Besides, the defence could also have examined him as a defence witness earlier if they wanted to”.
“We have submitted our say in the matter. We have opposed the examination of Kamaal Khan at this stage”.
In his application made on November 16 seeking the examination of Kamaal Khan, Desai had said: “Kamaal Khan’s statement was recorded under 161 of the CrPc by the Bandra police station, he was listed as a witness in the Bandra Magistrate’s Court, he was listed as a witness in the Mumbai Sessions
Court, but was not examined as a witness. The first informant Ravindra Patil has said that the Kamaal Khan was in the car.”
Desai had stated Kamaal Khan was not only in the car, he was also inside the Rain Bar and Restaurant – where he was with the convicted actor all through the evening of the incident “He ( Kamaal Khan) can throw more light on the incident than anyone else,” desai had. Said.
“He is a British national...he had appeared in the Magistrate’s court...it (reference to his presence) is there in the roznama, he had sought permission to abroad, which was granted and he vanished...while, the matter was in Sessions Court...we (prosecution) could not locate his whereabouts,” Shinde has said in oral reply in the court earlier.
The Prosecution’s case is that an inebriated Salman had on intervening the night of September 27-28, 2002, rammed his Toyota land Cruiser lexus into the American Express Bakery and laundry at Bandra (west) killing one Nurullah Mehboob Sharif and injuring four others.
In its verdict given on May 6 this year, the trial court had convicted Salman for culpable homicide not amounting to murder and sentenced him to five years’ imprisonment in the 2002 hit-and-run case.