Salman Khan has not been asked to appear before the court yet
Mumbai:
Actor Salman Khan's appeal, against amagistrate's order invoking the charge of 'culpable homicidenot amounting to murder' in a hit and run case against him,would come for hearing before a sessions court tomorrow.
The appeal, filed by the actor a month ago, would be heardby Sessions Judge U B Hejib.
The actor has not been summoned to appear before the courtyet and the matter would be argued by his lawyers in thesessions court tomorrow, sources told PTI.
The appeal would be decided first and then the main casewould be heard, sources said.The actor has contended that the magistrate had erred ininvoking the charge of 'culpable homicide not amounting tomurder' (section 304 part II IPC) in the hit-and-run case of2002. The offence under this section attracts ten years'punishment and is triable by a sessions court.
Earlier, he was tried by a magistrate for lesser charge ofcausing death by negligence (section 304 A IPC), that providesfor a maximum punishment of two years in jail.
After examining 17 witnesses, the magistrate had come tothe conclusion that culpable homicide charge was made outagainst the actor and transferred the case to the sessionscourt for retrial.
According to Salman's lawyer, the magistrate's order was"erroneous, bad in law and contrary to evidence on record."He said the magistrate had failed to appreciate that he(Salman) had neither the intention (to kill people) nor theknowledge that his rash and negligent driving would kill aperson and cause injury to four others.
One person was killed and four others injured when theLand Cruiser allegedly driven by Salman crushed a group ofpeople sleeping on the pavement outside a bakery in suburbanBandra in the wee hours on September 28, 2002.
The appeal, filed by the actor a month ago, would be heardby Sessions Judge U B Hejib.
The actor has not been summoned to appear before the courtyet and the matter would be argued by his lawyers in thesessions court tomorrow, sources told PTI.
The appeal would be decided first and then the main casewould be heard, sources said.The actor has contended that the magistrate had erred ininvoking the charge of 'culpable homicide not amounting tomurder' (section 304 part II IPC) in the hit-and-run case of2002. The offence under this section attracts ten years'punishment and is triable by a sessions court.
Earlier, he was tried by a magistrate for lesser charge ofcausing death by negligence (section 304 A IPC), that providesfor a maximum punishment of two years in jail.
After examining 17 witnesses, the magistrate had come tothe conclusion that culpable homicide charge was made outagainst the actor and transferred the case to the sessionscourt for retrial.
According to Salman's lawyer, the magistrate's order was"erroneous, bad in law and contrary to evidence on record."He said the magistrate had failed to appreciate that he(Salman) had neither the intention (to kill people) nor theknowledge that his rash and negligent driving would kill aperson and cause injury to four others.
One person was killed and four others injured when theLand Cruiser allegedly driven by Salman crushed a group ofpeople sleeping on the pavement outside a bakery in suburbanBandra in the wee hours on September 28, 2002.
