Mumbai sessions court orders fresh homicide trial against Salman Khan from July 19th

Mumbai, Jun 24: A Mumbai sessions court today rejected Salman Khan's plea in the hit-and-run case and ordered launching of fresh trial against the actor, who will face homicide charge not amounting to murder. The trial shall begin on July 19, the court said. The sessions court ordered the Bandra lower court to send all papers related to the 11-year-old trial to the sessions court for the fresh trial to begin. Salman Khan had, in his revision petition, challenged the slapping of homicide charge not amounting to murder against him, but the court struck down his plea. If convicted, Salman Khan may face imprisonment up to 10 years. The sessions court today held that the offence of 'culpable homicide not amounting to murder' under IPC had been made out against salman Khan in the 2002 hit-and-run case.Dictating the order in an open court, Sessions Judge U B Hejib ruled that Salman would face the charge of culpable homicide not amounting to murder.Under the provision, the actor might be awarded ten years imprisonment and is triable by a sessions court.Salman was earlier tried by a magistrate under the lesser charge of causing death by negligence (Section 304 A of IPC), which provides for a maximum punishment of two years in jail.However, in a twist to the case, the Bandra Metropolitan Magistrate, after examining 17 witnesses, had brought forth the more serious charge of culpable homicide against the 47-year-old actor and transferred it to a sessions court for re-trial.Advancing his argument against invoking the grave charge of culpable homicide not amounting to murder (section 304 part II IPC), his counsel Ashok Mundargi pleaded that the Magistrate's order was "erroneous, bad in law and contrary to evidence on record."The Magistrate, he contended, had failed to appreciate that the actor had neither the intention to kill people, nor the knowledge that his rash and negligent driving would kill a person and cause injury to four others.Public Prosecutor Shankar Erande while opposing Salman's appeal said the Magistrate had rightly invoked the charge of culpable homicide as he had committed a serious offence. The court fixed July 19 for commencement of the retrial.On September 28, 2002, Salman Khan's Landcruiser ran over five people sleeping on the pavement outside a bakery in Bandra, killing one and injuring four others. Witnesses said, it was Salman who was driving the vehicle, but the actor denies the charge. A social activist Abha Singh had filed a private complaint before the Bandra Metropolitan court pointing out deficiencies in the police probe and collection of evidences and alleged that the police investigators were trying to shield the actor. Singh alleged that because of police negligence, the hit-and-run case in court has been dragging on for the last 11 years.Salman Khan had fled the spot after the accident and surrendered to police after 8 hours. Medical report showed that he was under the influence of alcohol.The matter then reached the sessions court where Salman Khan filed a revision petition denying charges levelled against him. The court is to give its order today on Salman's petition.Chemical analysis report filed in 2007 had showed that Salman had 62 mg alochol in his blood on the night of accident. Salman's bodyguard Ravindra Patil had then tried to shield the actor by telling he police that it was he who was driving the car. 64 witnesses testified before the court, and ultimately it was proved that it was Salman who was driving the vehicle. After much persuasion, Ravindra Patil became the prosecution witness, but later he became hostile and disowned his own statement. Patil died in a mysterious accident in 2007.Abha Singh says, the trial court had ordered summons to be served on 39 witnesses, but police did not serve summons to 24 witnesses. Police told the court that it could not summon 12 out of the remaining 24, and two witnesses refused to take summons. Ultimately, only one witness appeared in court. Police even failed to produce the medical officer who had prepared the medical report.Even the four injured victims were untraceable. One of them Abdullah Sheikh was traced to Mangalore, who occasionally visits Mumbai for brief periods. The vehicle ran over both his legs. Presently, Abdullah works in another bakery in Bandra. Salman Khan had also requested the court that his Landcruiser be returned, but the trial court refused.