Seeking to weaken the charge of culpable homicide not amounting to murder framed against his client Salman Khan in the 2002-hit-run-case, defence lawyer Shrikant Shivade on Friday hinted at the possibility of the lone fatal victim having succumbed to the injuries that he had sustained after the car “dropped” on him while it was being lifted by the police using a crane.
Suggesting that the injuries sustained by victims were not because of the mishap, but due to the impact of the car that fell on them while it was being lifted out of the site using a crane, Shivade said, “There are incriminating circumstances to suggest that the car dropped on the persons who were underneath the vehicle when it was being lifted using a crane”.
The prosecution’s case is that Salman — allegedly in a drunken State — had on the night of September 28, 2002, rammed his Toyota land Cruiser lexus into the American Express Bakery and laundry at Bandra (West) killing one person — Nurullah Mahboob Sharif and injuring four others — Kalim Mohammed Pathan, Munna Malai Khan, Abdullah Rauf Shaikh and Muslim Shaikh.
Of the injured, Kalim and Muslim were allowed to go home after primary medication, while Munna and Abdullah suffered fractures underwent treatment for injuries at the hospital.
“The post-mortem of the deceased person shows that he was “crushed” to death, while the certificates of the four others suggest that their injuries were because of ‘friction’ and ‘dragging’,” Shivade said, while continuing his final arguments in the case for the fourth day.
Referring specifically to the person killed in the mishap, the defence lawyer said: “He was crushed under the fall of some heavy object”. At one stage, he also said that the car weighed around 3,000 kgs.
Quoting the evidence of witnesses saying that they were sleeping on the stairs of the shops using bed sheets and pillows, the defence lawyer argued: “However, no blood stains were found on bed sheets and pillow covers. Also, no blood spots were found on the stairs where they were sleeping. .. which proves that they were injured when the car fell on them while it was being lifted using a crane,” he told the court.
Picking holes in the claim made by injured eye- witness Abdullah Rauf Sheikh, who was sleeping next to the deceased person when the mishap took place, that he and the deceased victim (Nurullah) were crying for help till the crane lifted up
the car, the defence lawyer said, “The eyewitness (Abdullah) has misled the court. This is because the post-mortem report of Nurullah suggested that his
thorax, larynx, trachea, bronchia, lungs, head, chest and lungs
were “crushed” completely. Can a person in such condition cry for helpIJ”.
Opposing the Prosecution’s attempt to make out the charge of culpable homicide not amounting to murder against the actor, the defence lawyer said: “The first and foremost requirement for 304 Part II (culpable homicide not amounting to murder) is that death must be caused by the act. There has to be a live link, a direct nexus between act and death. If there are any intervening circumstances that disconnect the act with the death, then there is no case of culpable homicide at all”.
“The Supreme Court has said one witness is enough for acquittal or conviction. Either you accept defence or prosecution, no reconstruction of events is possible (now),” Shivade told the court.
Meanwhile, for the first time script writer-father Salman Khan and mother Salma were present in the court. Also present was the actor’s sister Alvira, who has been attending the trial proceedings regularly.
The defence lawyer is likely to conclude his final arguments on Saturday.