Mumbai: Bombay HC to pronounce concluding part of verdict in Salman Khanhit-and-run case tomorrow Judge joshi will continue his dictation tomorrow also. Today he has given some examples related to drunk and drive cases.
The Bombay High Court has concluded that the evidence of Ravinder patil should not be considered, till alternativly the effect can be discussed to see whether the prosecution has established its case.
"If witness is partly reliable then corroboration is required. Ravindra Patil cannot be considered as a wholly reliable witness," the court said, asserting that the lower court had made a mistake by admitting his statement.
On 2 and 6 Oct 2006 and 7 Feb 2006 Patil's statement was recorded at a Mumbai court.His statement was also recorded on 16 march 2006. He was re-examined also by prosecution. 28 sept 2002 . Mumbai Police sent Patil as Salman's bodyguard after the actor complained about threat from underworld.
Patil joined duty at 8 pm on 27th sept. At 9.30 pm. Salman and Kamal khan came outside their resident and told him that they want to go for a party. Patil furthet stated that the Toyota landcruiser was driven by accussd. He was asked to wait outside and Salma and Kamal went inside the bar. Suhail bodyguard told patil about his presence. At 1.30 am acccused n kamal came iut.
Accused sat on driver's seat next to him and Kamal khan on the rear side. At JW Mariott salman and kamal came out at 2.00 am. Accused sat on driver's seat, Patil next to him n kamal on the rear side patil asked accused of he will drive accussd aviided his question.
And then he drove the car and came to St Andrews road. Patil deposed accused was drunk and driving at 90 kmph. Patil told him to reduce the speed as the right turn was ahead. Accused again avoided. Accused could not control the car and dashed. Car ran over the people and climbed the pavement. Shutter broke and entered about 3 n half feet in the shop.
Accused Salman and Kamal ran away. Patil Went for help and saw 4 injured people below the car. He called control room and police reached in 5 min. Injured were sent to Bhabba hospital. He showed the spot to policw. He aaid the accident took placebeacuse of high speed. Accused drink and driving and could Not control the speed of the car.
Various improvements were brought on record. Drunkenness,Patil cautioning accused to reduce the speed and initially Patil asking accused whether he will drive the car. These were brought on record. In FIR there is no whisper as to the accused was drunk. The entire fir shows the driving by accused and high speed. Tje farbof alcohol consumption by the accused was submitted
The lodging of FIR on 28 sep and alcohol point 1st oct 2002. Supplementary statement of patil on 1st oct. Not mentioned why. The supplementary statement was consumption of alcohol.
On the aspect of the speed of the car the answer given by Patil can be reproduced in advantage. He said that he was unable to recollect the name of the road,how mant turns were taken from JW Mariott to the spot. Vehicle was at 90 kmph. We started at 2.15 am on the night. The incident took place at 2.45 am. Defence said If the speed was 90 to 100 kmph then the distance of maximum 8 kms can be covered within 7-8 minutes. Even after giving some allowance to the speed and distance still it is difficult to perceive that the car will take half an hour to reach on the spot. In this case speed was not as much as it was told by Patil.
The Court started its dictation on Monday and has observed that the FIR was silent on the issue of "drunkenness" of the actor, which cannot be considered as "minor."
The Court also observed that though witness confirmed that Salman fled from the accident site and felt twice in the process but whether he was in an inebraited state was not proved.
In May this year, the actor was convicted for all charges against him by a sessions' court in Mumbai. He then appealed against the conviction in the Bombay High Court which suspended his sentence.
The 49-year-old actor then appealed against the conviction in the Bombay High Court which suspended his sentence.
