All eyes are set on the hit-and-run case in which Bollywood superstar Salman Khan, charged with killing one person and injuring four by ramming his car into a shop in 2002, would appear in court today to put up his defence and explain the circumstances that led to the mishap.
It would be a crucial test for the 49-year-old actor as he gets an opportunity to give his version about the mishap that occurred in the wee hours of September 28, 2002 when his car ran over people sleeping on pavement outside a bakery in suburban Bandra in Mumbai.
Judge DW Deshpande has summoned Mr Khan to appear today to give his statement under section 313 of Code of Criminal Procedures (CrPc) which comes at the fag end of the trial after the prosecution closed its evidence by examining more than 25 witnesses in court.
After his statement is recorded, Mr Khan would also get an opportunity to examine defence witnesses if he wants to do so.
This is a fresh trial being held in a sessions court after a Magistrate added the charge of culpable homicide not amounting to murder which lays down punishment up to ten years.
It has alleged that he did not have a driving licence.
However, Mr Patil passed away during the trial and on a prosecution plea, the court has taken on record his statement but will decide on its evidence value later.
Besides the charge of culpable homicide (sec 304 part two Indian Penal Code), the actor is also facing charges of causing death of one person by negligent driving (sec 279), causing hurt to persons by act endangering personal safety (sec 337) and causing damage to property (sec 427).
Eye witness Ravindra Patil, who had warned Mr Khan against rash driving under the influence of alcohol, died of Tuberculosis on October 3, 2007. He had filed the first FIR and testified in a Magistrate's court in the earlier trial saying that the actor was driving the car after taking drinks.
Another witness, Bala Shankar, who had tested Mr Khan's blood sample, had told the court that the actor had tested positive, indicating that he had taken drinks above the permissible limit. The test found 62 mg of alcohol in his blood. However, the chemical analyst fumbled in court during cross-examination.
In January 2013 mid-way during the trial, Additional Chief Metropolitan Magistrate VS Patil slapped the charge of 'culpable homicide not amounting to murder' on the actor and referred the case to Sessions Court for a fresh trial. This section of IPC prescribes punishment up to ten years.
Earlier, Mr Khan was charged with rash and negligent driving which provides for imprisonment up to two years.
Police officer Rajendra Kadam, who was one of the investigating officers in the case, has told the court that when he reached the accident spot, Salman Khan was not to be seen.
However, he saw Ravindra Patil surrounded by a mob and so he pulled him out of the crowd. Later, Mr Patil gave a statement to police about the mishap.
The prosecution had also examined witnesses who said that they had seen the actor getting down from the side of driver's seat of the car on the day of the accident.
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