In a severe setback to actor Salman Khan, a Mumbai court on Wednesday formally charged him with culpable homicide not amounting to murder in the 2002 hit-and-run accident case.
The charges were framed nearly 11 years after the actor, allegedly in an inebriated state, drove his land Cruiser on to the sidewalk near his Bandra residence, killing a pavement dweller and injuring four others.
In a case where he now stares at the grim prospect of ending up behind bars for a maximum of 10 years, Salman will now stand a fresh trial under Section 304 (II) of the Indian Penal Code — a more severe charge than the one of causing death by negligence (Section 304-A of IPC) that he was tried for earlier — and other charges, including the one framed against him under Section 279 of IPC (rash driving).
Apart from facing a trial under IPC Sections 304-II (culpable homicide not amounting to murder) and 279 (rash driving), the actor will also be tried under Sections 337 (causing hurt by an act), 338 (causing grievous hurt), 427 (causing damage or mischief to property) of IPC, and provisions of Motor Vehicles Act and Bombay Prohibition Act.
Salman, 48, who was present inside the Bandra sessions court of Judge UB Hejib when the charges were framed against him in the September 28, 2002 hit-and-run case, pleaded “not guilty” of the charges framed against him.
After the court framed charges against him, Salman — dressed in a grey shirt and black trousers — moved an application seeking exemption from personal appearance during the fresh trial scheduled to begin on August 19.
The court granted exemption to Salman from personal appearance during the fresh trial against him, on the condition that he would have to be present whenever the court required.
Earlier in the day, Judge Hejib expressed reluctance to frame charges against Salman and consider other applications relating to the hit-and-run-case involving the actor, on the grounds that he was expecting to be transferred from the court and that he would not be around to preside over the trial at a later stage.
However, the judge came around and agreed to frame charges after Prosecutor Shankar Erande pleaded that charges be framed forthwith, as Salman would be away from the country for two months, which could further delay the trial.
At this stage, the judge read out the charges to Salman, who pleaded not guilty to all of them. Responding to Salman’s lawyer Srikant Shivade’s plea seeking a direction to the media to observe restraint in its reportage on the case, Judge Hejib told the media to be restrained and objective while reporting on the proceedings of the case.
If the indications given by Judge Hejib are anything to go by, a new judge will preside over the fresh trial of Salman, as and it when it gets underway.
In the earlier trial, Salman was being tried in a city magistrate’s court 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. Through his January 31 order, the Bandra Magistrate had committed the case to the city sessions court for a fresh trial.
The original trial began in the magistrate’s court in 2006. During the trial, the prosecution had examined 17 witnesses. However two witnesses, Ravindra Patil, the actor’s former police body guard, and Ramasray Pandey, turned hostile, during the trial. In fact, Patil died of acute bilateral tuberculosis, at a city civic TB hospital on October 3, 2007.
Now that Salman will face a fresh trial in the case, it remains to be seen if the court will re-examine the witnesses or go by their depositions made before the magistrate’s court earlier.