One person was killed and four others injured when a Land Cruiser allegedly driven by Salman crushed a group of people sleeping on the pavement outside a bakery on September 28, 2002.
Mumbai:
Bollywood actor Salman Khan todayurged a sessions court to hear the issue of his retrial in thehit-and-run case along with his appeal against the order of amagistrate invoking charge of culpable homicide not amountingto murder, which prescribes jail term upto ten years.
The actor's lawyer Ashok Mundargi pleaded that bothmatters--revision application against the magisterial courtinvoking the charge of culpable homicide and retrial orderedby him in the 2002 case--be clubbed and heard by the samejudge.
Additional Public Prosecutor Nazirali H Shaikh said he hadno objection to the matters being clubbed together.Accordingly, A N Patil, Additional Sessions Judge,referred the application filed by Salman for clubbing the twomatters to the Principal Judge for a decision on the issue. Itwould come up for hearing on March 11.
The Principal Sessions Judge would either hear theapplication himself or assign it to some other judge.In keeping with the directive of a Bandra magistrate, whoinvoked the charge of culpable homicide, Salman has to appearbefore the sessions court March 11. He may either appear onthat day or urge for exemption, which he has not sought sofar.
In his appeal, the actor argued that the magistrate haderred in invoking the charge of 'culpable homicide notamounting to murder' (section 304 part II IPC) in thehit-and-run case of 2002, terming it as "bad in law". Theoffence under this section is triable by a sessions court.
Earlier, he was tried by a magistrate under lesser chargeof causing death by negligence (section 304 A IPC), thatprovides for a maximum punishment of two years 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.
Salman's lawyer argued that 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 actor's lawyer Ashok Mundargi pleaded that bothmatters--revision application against the magisterial courtinvoking the charge of culpable homicide and retrial orderedby him in the 2002 case--be clubbed and heard by the samejudge.
Additional Public Prosecutor Nazirali H Shaikh said he hadno objection to the matters being clubbed together.Accordingly, A N Patil, Additional Sessions Judge,referred the application filed by Salman for clubbing the twomatters to the Principal Judge for a decision on the issue. Itwould come up for hearing on March 11.
The Principal Sessions Judge would either hear theapplication himself or assign it to some other judge.In keeping with the directive of a Bandra magistrate, whoinvoked the charge of culpable homicide, Salman has to appearbefore the sessions court March 11. He may either appear onthat day or urge for exemption, which he has not sought sofar.
In his appeal, the actor argued that the magistrate haderred in invoking the charge of 'culpable homicide notamounting to murder' (section 304 part II IPC) in thehit-and-run case of 2002, terming it as "bad in law". Theoffence under this section is triable by a sessions court.
Earlier, he was tried by a magistrate under lesser chargeof causing death by negligence (section 304 A IPC), thatprovides for a maximum punishment of two years 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.
Salman's lawyer argued that 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.
