A Toyota Land Cruiser allegedly driven by Salman, had allegedly crushed a group of people in 2002
Mumbai:
A sessions court today deferred the 2002 hit-and-run case involving actor Salman Khan to January 21 after prosecution sought time to file an appeal in the Bombay High Court against its order for a fresh trial.
Prosecutor J V Kendralkar informed the court that theprosecution had written a letter to Law and Judiciary Ministryof the state government seeking permission to file an appeal.
As the Ministry's response was still awaited, the statesought time. However, Salman's lawyer Srikant Shivade urgedfor commencement of a fresh trial and pleaded the court togive a short date to the state for adjournment of the case.
Judge D W Deshpande then adjourned the case to January21 and asked the prosecution to seek instructions from thestate on filing the appeal in the High Court.
The court, on December 5, had ordered a fresh trial onthe ground that witnesses had not been examined in the contextof aggravated charge of culpable homicide which was invokedagainst the actor midway through the proceedings.
The judge had held that the trial would be held de novo(fresh) as the actor had not been given an opportunity tocross-examine the witnesses vis-a-vis the charge of culpablehomicide not amounting to murder which attracts a 10-yearsentence. The court had also fast-tracked the case.
The actor had earlier been tried by a magistrate for alesser offence of causing death by negligence which entailedimprisonment of two years.
As the trial would be held afresh, the evidence adducedbefore a magistrate earlier would be discarded and all thewitnesses who had appeared before would be examined andcross-examined afresh.
The case, dragging on for over a decade, had taken atwist earlier this year when the magistrate, after examining17 witnesses, held that the charge of culpable homicide wasmade out against Salman and referred the matter to a sessionscourt, as cases under this offence are triable by a highercourt.
A key witness Ravindra Patil, a police bodyguard ofSalman who was in the car when the mishap happened, had saidin a statement that the actor was warned by him not to driverashly or else he would meet with an accident but his advicewent unheeded.
However, the actor had pointed out contradictions inhis statement earlier in the magistrate's court.As Patil passed away during the trial, he cannot beexamined or cross-examined but his statement can be used inthe fresh trial as evidence, said a lawyer.
The sessions court had on July 24 framed chargesagainst Salman for culpable homicide.
Apart from section 304(2) (culpable homicide notamounting to murder), the actor has also been charged undersections 279 (causing death by negligence), 337 (causing hurtby an act), 338 (causing grievous hurt), 427 (causing damageor mischief to property) of IPC, and provisions of MotorVehicles Act and Bombay Prohibition Act.
On September 28, 2002, a Toyota Land Cruiser allegedlydriven by Salman, had crushed a group of people sleeping on apavement outside a bakery in suburban Bandra, killing one andinjuring four.
Prosecutor J V Kendralkar informed the court that theprosecution had written a letter to Law and Judiciary Ministryof the state government seeking permission to file an appeal.
As the Ministry's response was still awaited, the statesought time. However, Salman's lawyer Srikant Shivade urgedfor commencement of a fresh trial and pleaded the court togive a short date to the state for adjournment of the case.
Judge D W Deshpande then adjourned the case to January21 and asked the prosecution to seek instructions from thestate on filing the appeal in the High Court.
The court, on December 5, had ordered a fresh trial onthe ground that witnesses had not been examined in the contextof aggravated charge of culpable homicide which was invokedagainst the actor midway through the proceedings.
The judge had held that the trial would be held de novo(fresh) as the actor had not been given an opportunity tocross-examine the witnesses vis-a-vis the charge of culpablehomicide not amounting to murder which attracts a 10-yearsentence. The court had also fast-tracked the case.
The actor had earlier been tried by a magistrate for alesser offence of causing death by negligence which entailedimprisonment of two years.
As the trial would be held afresh, the evidence adducedbefore a magistrate earlier would be discarded and all thewitnesses who had appeared before would be examined andcross-examined afresh.
The case, dragging on for over a decade, had taken atwist earlier this year when the magistrate, after examining17 witnesses, held that the charge of culpable homicide wasmade out against Salman and referred the matter to a sessionscourt, as cases under this offence are triable by a highercourt.
A key witness Ravindra Patil, a police bodyguard ofSalman who was in the car when the mishap happened, had saidin a statement that the actor was warned by him not to driverashly or else he would meet with an accident but his advicewent unheeded.
However, the actor had pointed out contradictions inhis statement earlier in the magistrate's court.As Patil passed away during the trial, he cannot beexamined or cross-examined but his statement can be used inthe fresh trial as evidence, said a lawyer.
The sessions court had on July 24 framed chargesagainst Salman for culpable homicide.
Apart from section 304(2) (culpable homicide notamounting to murder), the actor has also been charged undersections 279 (causing death by negligence), 337 (causing hurtby an act), 338 (causing grievous hurt), 427 (causing damageor mischief to property) of IPC, and provisions of MotorVehicles Act and Bombay Prohibition Act.
On September 28, 2002, a Toyota Land Cruiser allegedlydriven by Salman, had crushed a group of people sleeping on apavement outside a bakery in suburban Bandra, killing one andinjuring four.
