Bollywood actor Salman Khan's lawyers maintain that his driver Ashok Singh was on the wheel when the mishap occurred in 2002.
Bollywood superstar Salman Khan's lawyer today claimed that a few documents are missing from the compilation of evidence and documents prepared by the Bombay High Court in a "paper-book", at the hearing of the appeal filed by the actor against his five year sentence in the 2002 hit-and-run case in Mumbai.
Mr Khan's lawyer, Amit Desai filed an application before Justice A R Joshi alleging, that some documents pertaining to the defence were not found in the paper-book as per Court rules, and therefore the defence couldn't argue.
There were heated arguments over the missing documents between both sides, with the defence criticising the prosecution for its earlier claim that the paper-book was in order.
According to the application, the paper-book did not have a document related to the media interview given by former cop Ravindra Patil, who was Salman's bodyguard and a witness to the accident, he died in 2007.
Through the application, Mr Desai claimed that the document was vital to prove that Mr Patil was not telling the truth, as he had stated before the magistrate that Mr Khan was driving the car at the time and was under the influence of liquor.
The actor's lawyer maintains that his driver Ashok Singh was driving the car and not Mr Khan when the mishap occurred, Mr Singh has even testified as a defence witness.
The prosecutors Purnima Kantharia and SS Shinde pointed out that though the paper-book may not have this document, it had been placed in the "records and proceedings" and hence it was available for the defence lawyer.
Earlier in May, Mr Khan was convicted by the sessions court for running his car over on people sleeping outside a shop in suburban Bandra on September 28, 2002, killing one and injuring four. He was sentenced to five years in jail for, among other charges, culpable homicide not amounting to murder.
Paper-book is compilation of evidence, documents, prepared by the court registry and submitted to both the sides before the appeal is heard.
The matter will be heard again by the Court tomorrow.