A sessions court had on July 24 framed charges against Salman for culpable homicide for which he may face a jail term upto 10 years
Mumbai:
Bollywood actor Salman Khan on Monday (November 7, 2013)pleaded for a fresh trial before a sessions court in thehit-and-run case, saying the evidence adduced earlier before amagistrate be discarded as he was now facing a more seriouscharge of culpable homicide not amounting to murder.
Salman's lawyer Srikant Shivade argued that the actorhad not been given an opportunity in the magistrate's court tocross-examine witnesses vis-a-vis the additional charge ofculpable homicide which was imposed on him recently.
The prosecution, however, opposed Salman's plea saying"this was an attempt to delay the trial." The magistrate hadadduced evidence on the basis of the deposition given by thewitnesses. Hence, this evidence cannot be discarded, thepublic prosecutor argued.
Salman's lawyer pleaded that earlier it was a summarytrial by the magistrate. However, as culpable homicide chargehad been framed against the actor, the case was triable by asessions court. "We should not be prejudiced because of wantof cross examination of witnesses. Hence, a fresh trial may beconducted," he said.
Judge D W Deshpande reserved his order till December 5on Salman's plea for a fresh trial.
A sessions court had on July 24 framed charges againstSalman for culpable homicide for which he may face a jail termupto 10 years. Earlier, he was tried by a magistrate for rashand negligent driving which prescribes a two-year jail term.
Ten years after the accident in which Salman was foundinvolved, the Bandra magistrate, mid-way during the trial,held that culpable homicide charge was made out against theactor and hence referred the case to a higher court for trialas this offence is triable only by the sessions court.
Apart from section 304(2) (culpable homicide notamounting to murder), the Bollywood superstar has also beencharged under sections 279 (causing death by negligence), 337(causing hurt by an act), 338 (causing grievous hurt), 427(causing damage or mischief to property) of IPC, andprovisions of Motor Vehicles Act and Bombay Prohibition Act. One person was killed and four others were injured whenthe Land Cruiser, allegedly driven by Salman Khan, crushed agroup of people sleeping on the pavement outside a bakery insuburban Bandra on September 28, 2002.
Salman's lawyer Srikant Shivade argued that the actorhad not been given an opportunity in the magistrate's court tocross-examine witnesses vis-a-vis the additional charge ofculpable homicide which was imposed on him recently.
The prosecution, however, opposed Salman's plea saying"this was an attempt to delay the trial." The magistrate hadadduced evidence on the basis of the deposition given by thewitnesses. Hence, this evidence cannot be discarded, thepublic prosecutor argued.
Salman's lawyer pleaded that earlier it was a summarytrial by the magistrate. However, as culpable homicide chargehad been framed against the actor, the case was triable by asessions court. "We should not be prejudiced because of wantof cross examination of witnesses. Hence, a fresh trial may beconducted," he said.
Judge D W Deshpande reserved his order till December 5on Salman's plea for a fresh trial.
A sessions court had on July 24 framed charges againstSalman for culpable homicide for which he may face a jail termupto 10 years. Earlier, he was tried by a magistrate for rashand negligent driving which prescribes a two-year jail term.
Ten years after the accident in which Salman was foundinvolved, the Bandra magistrate, mid-way during the trial,held that culpable homicide charge was made out against theactor and hence referred the case to a higher court for trialas this offence is triable only by the sessions court.
Apart from section 304(2) (culpable homicide notamounting to murder), the Bollywood superstar has also beencharged under sections 279 (causing death by negligence), 337(causing hurt by an act), 338 (causing grievous hurt), 427(causing damage or mischief to property) of IPC, andprovisions of Motor Vehicles Act and Bombay Prohibition Act. One person was killed and four others were injured whenthe Land Cruiser, allegedly driven by Salman Khan, crushed agroup of people sleeping on the pavement outside a bakery insuburban Bandra on September 28, 2002.
