★ Salman Khan challenges culpable homicide charge in 2002 hit-and-run case !

By Rebecca Samervel, TNN | Jan 30, 2013

MUMBAI: The Bandra Magistrate court will hear the case involving Bollywood actor Salman Khan on Wednesday. During the previous hearing the court had granted Khan exemption from appearing before it.

The court had earlier issued summons to Khan and the Bandra police after a Mumbai-based social worker filed an application in court alleging that false evidence was being submitted in the 2002 hit-and-run case.

In the application filed through former director of postal services-turned-advocate Abha Singh, social worker Santosh Daundkar alleged that due to the submission of false evidence the case has got delayed by almost four to five years.

TOI

MUMBAI: In a major setback to Bollywood actorSalman Khan, a magistrate's court here on Thursday accepted the plea of the Maharashtra government that he should be tried under section 304 (II) of the Indian Penal Code (culpable homicide not amounting to murder), a graver offence, in the 2002 hit-and-run case.

At present, Salman, 47, is being tried under section 304 (I), (rash and negligent driving) which attracts maximum punishment of two years.

Section 304 (II) attracts the maximum sentence of ten years.

Following Thursday's order, the magistrate committed the case to sessions court for trial, as the offence is serious.

"Salman would have to appear before the sessions court on February 11," said his lawyer, advocate Dipesh Mehta.

On September 28, 2002, Salman's Toyota Land Cruiser, allegedly being driven by him, rammed into a bakery in suburban Bandra, killing one and injuring four others who were sleeping on the pavement.

The trial before the bandra magistrate's court started in 2006. Advocate Mehta also said that the actor would challenge Thursday's order in high court.

The Bombay high court had held that Section 304 part II of the Indian Penal Code (culpable homicide not amounting to murder) was not applicable in the case and that the actor be tried under Section 304 A of the Indian Penal Code (rash and negligent driving) and other relevant sections.

The court had framed charges against the actor under section 304 A of the Indian Penal Code (rash and negligent driving), 279 (rash driving), 337 (causing minor injuries), 338 (causing major injuries) and 427 (negligence).

Earlier this year, the police had again sought that the actor be tried under more serious charge of 'culpable homicide not amounting to murder'.

TOI

Salman Khan knew he would kill or injure people: Court !

Amit Chaturvedi (With PTI inputs) | Updated: February 07, 2013



Mumbai: Actor Salman Khan was aware that his act of rash driving would result in death or injuries to people, a magistrate observed while charging him with a more serious offence of culpable homicide not amounting to murder in a decade-old hit-and-run case.

A copy of the order was made available today. Salman's lawyer Dipesh Mehta said that the actor would challenge the order in the Bombay High Court soon. The actor's lawyers say he was not driving his SUV in September when it crashed into a local bakery, killing one person and injuring four others sleeping on the pavement.

The 47-year-old was earlier charged under IPC Section 304 A (rash and negligent driving) which attracts two years' punishment and is tried by a Magistrate. Now he has been charged under IPC Section 304 part II (culpable homicide not amounting to murder), for which maximum jail term is 10 years.

In his order last week, Additional Chief Metropolitan Magistrate V S Patil said Salman was warned by his police bodyguard Ravindra Patil not to drive at a speed of 90 to 100 km per hour as there was a turning ahead.

Mr Khan's lawyers have argued, "The alleged incident had taken place at mid-night, when it was extremely dark and many people had gathered at the scene of the accident. Therefore, prima-facie it is amply clear that there was absence of any motive or intention to kill someone. The act as alleged is not an act of culpable homicide, but an unfortunate incident, beyond control of accused, such as an act of God."

NDTV

Rashmi Rajput, Edited by Shamik Ghosh | Updated: March 05, 2013



Mumbai: Actor Salman has moved a sessions court in Mumbai, challenging a lower court’s order of invoking the charge of culpable homicide not amounting to murder against him in the 2002 hit-and-run case.

In his petition, Salman Khan has called the magistrate’s order “bad in law” and “erroneous”. The court will hear his plea tomorrow.

Salman Khan was earlier being tried for rash and negligent driving, which carries a maximum sentence of two years. However, in January the court handling his case accepted that the police has provided evidence that merits trying the actor for culpable homicide.

In 2002, Salman Khan’s SUV had run into a bakery in suburban Bandra, killing one and injuring four persons who were sleeping on the pavement outside.

NDTV


“The superstar has to appear before the sessions court on March 11 for the final hearing in the 2002 hit-and-run case.” -TOI

Mumbai, March 08, 2013

Bollywood actor Salman Khan on Friday urged a sessions court to hear the issue of his retrial in the hit-and-run case along with his appeal against the order of a magistrate invoking charge of culpable homicide not amounting to murder, which prescribes jail term upto ten years.


The actor’s lawyer Ashok Mundargi pleaded that both matters—revision application against the magisterial court invoking the charge of culpable homicide and retrial ordered by him in the 2002 case—be clubbed and heard by the same judge.

Additional Public Prosecutor Nazirali H Shaikh said he had no objection to the matters being clubbed together.

Accordingly, A N Patil, Additional Sessions Judge, referred the application filed by Salman for clubbing the two matters to the Principal Judge for a decision on the issue. Itwould come up for hearing on March 11.

The Principal Sessions Judge would either hear the application himself or assign it to some other judge.

In keeping with the directive of a Bandra magistrate, who invoked the charge of culpable homicide, Salman has to appear before the sessions court March 11. He may either appear on that day or urge for exemption, which he has not sought so far.

In his appeal, the actor argued that the magistrate had erred in invoking the charge of ‘culpable homicide not amounting to murder’ (section 304 part II IPC) in the hit-and-run case of 2002, terming it as “bad in law”. The offence under this section is triable by a sessions court.

Earlier, he was tried by a magistrate under lesser charge of causing death by negligence (section 304 A IPC), that provides for a maximum punishment of two years years in jail.

After examining 17 witnesses, the magistrate had come to the conclusion that culpable homicide charge was made out against the actor and transferred the case to the sessions court for retrial.

Salman’s lawyer argued that the magistrate’s order was “erroneous, bad in law and contrary to evidence on record”.

He said the magistrate had failed to appreciate that he (Salman) 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.

One person was killed and four others injured when the Land Cruiser allegedly driven by Salman crushed a group of people sleeping on the pavement outside a bakery in suburban Bandra in the wee hours on September 28, 2002.

Hindustan Times

New Delhi, March 11, 2013

Bollywood actor Salman Khan will be appearing in a Mumbai court today for his trial in the 2002 hit-and-run case, reports NDTV. The actor’s lawyer Ashok Mundargi pleaded that both matters - revision application against the magisterial court invoking the charge of culpable homicide and retrial ordered by him in the 2002 case - be clubbed and heard by the same judge. Therefore, the hearing was shifted to March 11, 2013.

HT

Monday, Mar 11, 2013



Actor Salman Khan did not appear before the sessions court today in the 2002 hit-and-run case as his case has not yet been assigned to any judge after it was committed by a magistrate to the sessions court.

The magistrate had asked him to appear on March 11 but his case is yet to be assigned to a judge, sources said.

On March 8, the actor’s lawyer Ashok Mundargi had urged the sessions court to hear the issue of Salman’s retrial in the accident case, along with his appeal against the magistrate’s order invoking the charge of culpable homicide not amounting to murder, which prescribes a jail term of upto 10 years.

Additional Public Prosecutor Nazirali H Shaikh said he had no objection to matters being clubbed together.

The actor’s application will be placed before Principal Judge Swapna Joshi who might either hear the matter herself or assign the case to some other judge and also fix a date for the hearing.

In his appeal, the actor argued the magistrate had erred in invoking the charge of ‘culpable homicide not amounting to murder’ (Section 304 part II of the Indian Penal Code) in the hit-and-run case of 2002, terming it as “bad in law”. The offence under this section is to be tried by a sessions court.

Earlier, he was tried by a magistrate under a lesser charge of causing death by negligence (Section 304 A of the Indian Penal Code), that provides for a maximum punishment of two years years in jail.

After examining 17 witnesses, the magistrate had come to the conclusion that the charge of culpable homicide was made out against the actor and transferred the case to the sessions court for retrial. (MORE) PTI SVS BA PAL BAS 03111926 NNNN

DNA India

Mar 14, 2013



MUMBAI: Salman Khan’s ‘Hit-and-Run’ case was allotted to a Sessions Judge who will also hear Salman’s appeal challenging the Magistrate’s order summoning the charge of ‘culpable homicide not amounting to murder’ which is punishable for up to 10 years in jail.
The actor’s lawyer Ashok Mundargi pleaded to the court that that new charge of culpable homicide as well as retrial be heard by same judge. Therefore, the hearing was shifted to March 11, 2013. Additional public prosecutor Nazirali H Shaikh said he had no objection to the matters being clubbed together.

Principal Sessions Judge, Swapna Joshi, assigned Salman’s case to Sessions Judge U. B. Hejib. However, the date of the hearing isn’t fixed yet as U.B. Hejib hasn’t yet received the papers regarding the case. Once the papers are transferred the Judge will issue a notice to the Bollywood actor and fix a date for the hearing.

In his appeal, Salman contended that the magistrate had erred in raising the charge of ’Culpable Homicide’ not amounting to murder (section 304 part II IPC) in the ‘Hit-and-Run’ case of 2002, terming it as ‘bad in law’. Earlier, Salman was tried by the magistrate under lesser charge of “death caused by negligence” (section 304 A IPC), for which the maximum punishment is of two years in jail. But, after inspecting 17 witnesses, the magistrate came to the decision that the culpable homicide charge was made out against the actor and transferred the case to the sessions court for a retrial.

Salman’s lawyer, Ashok Mundargi said: “The magistrate’s order was erroneous, bad in law and contrary to evidence on record. The magistrate failed to appreciate that he (Salman) 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.”

On 28 September 2008, a Land Cruiser allegedly driven by Salman Khan, crushed a group of people sleeping on the pavement outside a Bakery in Suburban Bandra, the crash killed one person and injured four others.

Business of Cinema

March 20, 2013

Mumbai: The Sessions court in Mumbai has fixed the hearing of the 2002 hit-and-run case against Bollywood actor Salman Khan on March 25, when he would have to remain present before the court. Along with the prosecution’s case against Salman, the court would also hear his appeal against the Magistrate’s order, invoking the charge of ‘culpable homicide not amounting to murder’ against him which attracts a punishment up to 10 years in prison.

Sessions Judge UB Hejib has scheduled the hearing for March 25, and Salman had been asked to be present on that day, court sources said in Mumbai. It would be Salman’s first appearance before the Sessions court after Bandra Magistrate’s court referred the case to the Sessions Court (because the offence he is now charged with is serious).

The Magistrate had asked Salman to appear before the Sessions court on March 11, but he did not go to the court that day as the case was yet to be assigned to any judge. Sources said as there would be a fresh trial, evidence produced before the Magistrate’s court would not be considered.

The actor has been asked to be present in the court during the hearing, when the prosecution’s case against Salman would also be heard.


One person was killed and four injured when a Land Cruiser, allegedly driven by Salman, ran over the people sleeping on pavement outside a bakery in suburban Bandra in the wee hours of September 28, 2002. On March 8, advocate Ashok Mundargi, Salman’s lawyer, had urged the Sessions court to hear the main case against the actor and his appeal against Magistrate’s order invoking the charge of ‘culpable homicide not amounting to murder’ (section 304 part II of IPC) simultaneously.

The trial before the Magistrate was proceeding on the lesser charge of ‘causing death by negligence’ (section 304 A of Indian Penal Code), which attracts maximum punishment of two years in jail. After examining 17 witnesses, the Magistrate concluded that the charge of ‘culpable homicide not amounting to murder’ was prima facie made out against the actor. Salman’s appeal says Magistrate failed to appreciate that he had neither the intention to kill the people, nor the knowledge that his rash and negligent driving would kill someone or cause injury.

IBN Live

sangeetha seshagiri | March 25, 2013

A Sessions Court in Mumbai has deferred the hearing of Bollywood actor Salman Khan, in connection with the 2002 hit-and-run case, to 8 April.

The "Dabangg" star who was taking treatment in the United States for trigeminal neuralgia returned toIndia on Saturday. He was supposed to arrive before a Sessions Court on Monday (25 March), but did not appear citing that he did not receive the summons from the court.On Monday, the court postponed the hearing in the case to 8 April.

On 28 September, 2002, the actor's Land Cruiser ran over five people who were sleeping on the pavement outside a bakery on Pali Hill Road in Bandra. A 38-year-old man was killed and four others were injured in the incident.

Salman was earlier tried for rash and negligent driving. But the magistrate investigated 17 witnesses and charged the actor for "culpable homicide not amounting to murder." Following more serious charges filed against the actor, the case was transferred from the Bandra Magistrate's court to the Sessions court.

Last month, the actor had filed a revised petition pleading for the serious charges to be dropped. He was asked to appear before the Sessions court on 11 March for the hearing, but he did not go to court as the case was not assigned to any judge.

According to sources, a fresh trial in the hit-and-run case would begin in the Sessions Court. The prosecution has to produce fresh evidence, as evidence submitted before the Magistrate's court would not be considered. If Salman is found guilty of the charges, he would have to serve a two-year jail term.

Besides the hit-and-run case, the actor is facing trouble with another case - poaching of two endangered blackbucks during the shooting of Bollywood film "Hum Sath Sath Hain" in 1998. A Jodhpur court on Saturday read out revised charges against the actor as well as four other stars - Saif Ali khan, Tabu, Sonali Bendre and Neelam. The next hearing of the blackbuck case is scheduled on 27 April.

IBTimesIBTimes

Salman Khan`s appeal to be heard by Sessions Court tomorrow !

Sunday, April 07, 2013



Mumbai: Actor Salman Khan`s appeal, against a magistrate`s order invoking the charge of `culpable homicide not amounting to murder` in a hit and run case against him, would come for hearing before a sessions court tomorrow.

The appeal, filed by the actor a month ago, would be heard by Sessions Judge U B Hejib.

The actor has not been summoned to appear before the court yet and the matter would be argued by his lawyers in the sessions court tomorrow, sources told reporters.

The appeal would be decided first and then the main case would be heard, sources said.

The actor has contended that the magistrate had erred in invoking the charge of `culpable homicide not amounting to murder` (section 304 part II IPC) in the hit-and-run case of 2002. The offence under this section attracts ten years` punishment and is triable by a sessions court.

Earlier, he was tried by a magistrate for lesser charge of causing death by negligence (section 304 A IPC), that provides for a maximum punishment of two years in jail.

After examining 17 witnesses, the magistrate had come to the conclusion that culpable homicide charge was made out against the actor and transferred the case to the sessions court for retrial.

According to Salman`s lawyer, the magistrate`s order was “erroneous, bad in law and contrary to evidence on record.”

He said the magistrate had failed to appreciate that he (Salman) 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.

One person was killed and four others injured when the Land Cruiser allegedly driven by Salman crushed a group of people sleeping on the pavement outside a bakery in suburban Bandra in the wee hours on September 28, 2002.

PTI
Zee News

8 Apr, 2013



MUMBAI: A court on Monday adjourned till April 29 the appeal filed by Bollywood actorSalman Khan against a magistrate's order invoking the charge of 'culpable homicide not amounting to murder' in the 2002 hit-and-run case.

The matter was adjourned as Sessions Judge U B Hejib was on leave.

The 47-year-old actor has contended that the magistrate had erred in invoking the charge of 'culpable homicide not amounting to murder' (Section 304 part II of IPC) in the hit-and-run case. The offence under this section attracts ten year jail and is triable by a sessions court.

Earlier, Khan was tried by a magistrate for lesser charge of causing death by negligence (Section 304A of IPC), that provides for a maximum punishment of two years in jail.

After examining 17 witnesses, the magistrate had come to the conclusion that culpable homicide charge could be made out against the actor and transferred the case to the sessions court for retrial.

Khan has pleaded that the magistrate's order was "erroneous, bad in law and contrary to evidence on record."

The magistrate had failed to appreciate that he (Khan) 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, he said.

One person was killed and four others injured when the Land Cruiser allegedly driven by Khan crushed a group of people sleeping on the pavement outside a bakery in suburban Bandra in the wee hours on September 28, 2002.

Economic Times

High Court restrains channel from telecasting news against Salman Khan

Thu Apr 25 2013



Holding that prima facie a news channel had telecast defamatory allegations against actor Salman Khan, the Bombay High Court today restrained it from telecasting such items.

Justice S J Kathawalla was hearing a suit filed by Salman seeking a written apology from ABP News channel for telecasting a news item allegedly defamatory to the actor.

Salman Khan approached the high court seeking an injunction on broadcast or telecast of such defamatory news items and direction to the channel to either submit a written apology or telecast an apology.

Granting the interim relief of injunction, Justice Kathawala said, “I am prima facie satisfied that the Defendants (ABP News) are indulging in broadcasting defamatory allegations against the Plaintiff (Salman) which are likely to prejudice the Plaintiff in defence to the pending proceedings before the Sessions Court.”

The matter has been posted for further hearing tomorrow.

On September 28, 2002, Salman had allegedly rammed his car into a bakery in suburban Bandra killing one and injuring four others who were sleeping on the footpath. Police said he was under the influence of liquor. The actor was then arrested and granted bail.

Recently, the Sessions Court had ruled that the actor be charged with culpable homicide not amounting to murder which attracts ten years jail term. Earlier, he was being tried by a Magistrate for ‘rash and negligent driving’ for which punishment prescribed is two years. Salman’s appeal against this ruling is pending in the Sessions Court.

Indian Express

News channel decides not to telecast objectionable content on Salman

Swati Deshpande, TNN | Apr 27, 2013



he channel against which actor Salman Khan had filed a suit for damages for defamation offered and undertook on Friday to not telecast the two programmes he had objected to.

Its lawyer Neville Deboo also said that the channel would not telecast any programme containing similar allegations in it against the actor and the Bombay HC judge Justice S J Kathawala accepted the undertaking and adjourned the actor's plea to June 25 for reply to be filed.

The media house had run a story about Khan's trail in the 2002 criminal case where one person had died and few injured after his vehicle had allegedly rammed into the steps of a bakery in Bandra.

The HC on Thursday had restrained the repeat telecast of the programmes or any similar content. The HC on Friday after hearing both sides asked the advocate for the channel to explain the basis on which the defamatory allegations are made. The HC order said, "more particularly the allegation that fake doctors and medical reports are produced by the Mumbai Police as witnesses, to which again he has no answer and seeks time to file an Affidavit -in- Reply.''

TOI

Salman Khan hit-and-run case: Actor's plea to come up in court today

Apr 29, 2013

Mumbai: Actor Salman Khan's plea in the 2002 hit-and-run case is up for a hearing at the Sessions Court in Mumbai.

His petition challenging the Magistrate court's order which said there is enough evidence against the actor will come up for hearing on Monday.

In September 2002, Salman's SUV had run over people sleeping on a pavement in suburban Bandra, killing one and seriously injuring four others.

IBN Live

Salman exempted from court appearance in hit-and-run case

Apr 29, 2013




Mumbai, Apr 29 (PTI) Actor Salman Khan was today exempted from appearance in the 2002 hit-and-run case by a sessions court following request by his counsel Ashok Mundargi.

Sessions judge U B Hejib adjourned the matter to May 8.

On that day, the court would also hear the 47-year-old actor’s appeal against the order of the magistrate invoking charge of ‘culpable homicide not amounting to murder’ (section 304 part II IPC) in the hit-and-run case.

The offence under this section attracts a 10-year jail term and is triable by a sessions court.

Earlier, Khan was tried by a magistrate for lesser charge of causing death by negligence (Section 304A of IPC), that provides for a maximum punishment of two years in jail.

The sessions court also asked Salman’s lawyer to file written submissions on the appeal on May 8. On the same day, the actor’s lawyer would also make oral arguments.

Meanwhile, in a related development, advocate Abha Singh, appearing for activist Santosh Daundkar, sought to intervene in the matter.

She argued that police had favoured Khan by not examining witnesses in the case in the last five years and that the actor must appear in the case regularly.

Daundkar had earlier filed a complaint in magistrate’s court on the same ground but it was rejected.

The case took a turn recently when the Bandra magistrate, after examining 17 witnesses, had invoked the charge of ‘culpable homicide not amounting to murder’ against the actor and transferred the case to a sessions court for re-trial.

Khan has pleaded that the magistrate’s order was “erroneous, bad in law and contrary to evidence on record”.

The magistrate had failed to appreciate that he (Khan) 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, he said in the appeal.

One person was killed and four others injured when the Land Cruiser allegedly driven by Khan crushed a group of people sleeping on the pavement outside a bakery in suburban Bandra in the wee hours on September 28, 2002.

PTI

Firstpost

Verdict on Salman Khan's appeal in hit-and-run case on June 10

May 08, 2013

Mumbai: A Mumbai sessions court will deliver its verdict on June 10 on the admissibility of an appeal filed by Bollywood actor Salman Khan challenging a magistrate’s order invoking the charge of culpable homicide against him in a 2002 hit-and-run case.

Sessions judge U B Hejib fixed June 10 for deciding the appeal after arguments concluded on Wednesday.

The 47-year-old actor was granted exemption from personal appearance on a plea by his counsel Ashok Mudargi that he was out of town on account of professional engagement.

Advancing his arguments against invoking the grave charge of ‘culpable homicide not amounting to murder’ (section 304 part II IPC), Mr Mundargi pleaded 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.

The offence under this section attracts a ten-year jail term and is triable by a sessions court.

Mr Khan was earlier tried by a magistrate under lesser charge of causing death by negligence (Section 304A of IPC), that provides for a maximum punishment of two years in jail.

However, in a twist to the case, the metropolitan magistrate, after examining 17 witnesses, had brought forth the more serious charge of culpable homicide against the actor and transferred it to a sessions court for re-trial.

Mr Khan’s lawyer also filed written submissions on the appeal and made oral arguments.

Public Prosecutor Shankar Erande, while opposing Mr Khan’s appeal, said the magistrate had rightly invoked the charge of culpable homicide as he had committed a serious offence.

Mr Erande argued a prosecution witness Ravindra Patil (now deceased) who was the bodyguard deployed for the actor’s security and accompanying him at the time of the accident, had warned him not to drive rashly as it could lead to a mishap.

Yet, Mr Khan did not pay heed and drove at a great speed, he said.

The prosecutor submitted Mr Khan was drunk and his blood sample revealed 60 mg alcohol which was beyond the permissible limit.

In a related development, advocate Abha Singh, appearing for activist Santosh Daundkar, urged the court to permit her to intervene in the matter, saying section 301 of Cr.Pc allowed her to assist the prosecutor.

Though the actor’s counsel objected to Mr Daundkar’s plea for intervention, saying he had no locus standi in the matter,

Public Prosecutor Erande said he had no objection. Ms Singh alleged police had favoured Khan by not examining witnesses in the case in the last five years and insisted on the actor’s regular appearance.

The court would also give its ruling on Mr Daundkar’s petition on June 10.

One person was killed and four others were injured when the Land Cruiser vehicle allegedly driven by Mr Khan crushed a group of people sleeping on the pavement outside a bakery in suburban Bandra in the wee hours on September 28, 2002.

NDTV[b]

June 8, 2013



MUMBAI: A Mumbai sessions court will on June 10 deliver its verdict on actor Salman Khan's appeal against a magistrate's order for his retrial in the 2002 hit-and-run case under stringent charge of culpable homicide not amounting to murder.

Sessions court judge U B Hejib had fixed June 10 for deciding the appeal after arguments concluded a month ago.

Advancing his argument against invoking the grave charge of 'culpable homicide not amounting to murder' (section 304 part II IPC), Ashok Mundargi had 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.

The offence under this section attracts a ten-year jail term and is triable by a sessions court.

Khan was earlier tried by a magistrate under lesser charge of causing death by negligence (Section 304A of IPC), that provides for a maximum punishment of two years in jail.

However, in a twist to the case, the 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.

Khan's lawyer also filed written submissions on the appeal and made oral arguments.

Public Prosecutor Shankar Erande while opposing Khan's appeal said the magistrate had rightly invoked the charge of culpable homicide as he had committed a serious offence.

Erande argued that a prosecution witness Ravindra Patil (now deceased), a police bodyguard deployed for the actor's security and accompanying him at the time of the accident, had warned him not to drive rashly as it could lead to a mishap. Yet, Khan did not pay heed and drove at a great speed.

The prosecutor submitted that Khan was drunk and his blood sample revealed 60 mg alcohol which was beyond the permissible limit.

Economic Times

Salman's hit-and-run case: Worst is not around the corner for him, says Mahesh Bhatt



Jun 26, 2013



The latest development in Salman Khan's 11-year-old hit-and-run case —the actor will now be tried under the more serious Indian Penal Code Section 304-II (culpable homicide not amounting to murder), which attracts a maximum punishment of 10 years — has shaken Bollywood. A majority of industry insiders feel that Salman is being targeted because of his celebrity status. Here's what some of them have to say:

Mahesh Bhatt, filmmaker
"As an insider, I beg with folded hands and bent knees that Salman be looked at as a common man. There are so many cases of accidents happening with lakhs of people dying, but I don't see nation's heart bleeding then. I think celebrity bashing satiates the baser emotions of sadists. In this case, let me assure you that there is no reason to imagine that sky has fallen and the worst is around the corner for Salman. First of all, it can't be called a case of hit and run as nobody is running away. My informed sources say that unless the due process of law is exhausted, all those jumping to conclusions that this is the end of the road for Salman, will be disappointed."

Subhash Ghai, filmmaker
"Personally, I am very close to him. He is an excellent human being, who has been helping out people. The judiciary will do justice. But rich or poor, everyone has to be treated equally. Just because Salman is a celebrity, everything is being blown out of proportion. He is a huge asset to the industry. More than a superstar, he commands respect from every corner."

Vikram Bhatt, filmmaker
"It is a case of rash driving that can happen to anybody — thousands of people are booked for rash driving. Salman is the most charitable star in the industry. But of course, the law will not look at it that way; it will take its own course as it should. There is a rehabilitation process — law is not just meant for punishment. God forbid if something happens, it'll be a big blow to the industry. I guess in this case, it will be a long process. Nothing will happen in a hurry, perhaps it will go on for another 10 to 12 years."


TOI

2002 hit-and-run case: Salman Khan to appear before Mumbai court today

Saurabh Gupta, Edited by Diana George | Updated: July 19, 2013



Mumbai: Actor Salman Khan will appear before a Mumbai Sessions Court today in connection with the 2002 hit-and-run case.

The actor will face a fresh trial under the more serious charge of culpable homicide not amounting to murder the punishment for which is up to ten years in prison.

So far, the actor has been tried for a lesser offence of causing death by negligence, the maximum punishment for which is only two years in jail
.
Eleven years ago, in September 2002, Salman was allegedly driving a Land Cruiser when he ran over a group of people sleeping on the pavement outside a bakery in suburban Bandra.


One person was killed and four others were injured.

In 2006, he spent three days in prison for killing the endangered black buck deer in Rajasthan.

The actor recently launched a website www.salmankhanfiles.com to apparently enlighten his fans and the media about the exact details of the legal cases pending against him.

It read, "…The reports are sometimes inaccurate, misleading, and cause damage to my reputation, both profession and personal. I have been advised to put up this website, to provide easily accessible factual information….

NDTV

Salman Khan hit-and-run case adjourned till July 24

Jul 19, 2013



The 47-year-old will now be tried for a fresh trial under the more serious charge of culpable homicide not amounting to murder under Section 304 of IPC.

A sessions court in Mumbai on Friday adjourned till July 24 further hearing in the 2002 hit-and-run case involving Bollywood actor Salman Khan.

The actor along with some of his family members attended the hearing in person as per the court’s earlier directives.

The court, which last month held that a case was made out to invoke the stringent Indian Penal Code Section 304 (III) against the actor, is expected to deliver its ruling in conducting a retrial.

The fresh charge under IPC Section 304 (III), which pertains to culpable homicide not amounting to murder, could attract a 10-year jail term.

Earlier, Salman Khan had been tried by a metropolitan magistrate under the less severe charges of IPC 304A, relating to rash and negligent driving which stipulated a maximum sentence of two years in prison.

However, the metropolitan magistrate, after examining 17 witnesses in the case, had invoked the more serious charge under Section 304 (III) of the IPC against the actor.

The court has two options before it: either to conduct a fresh trial or continue the existing case with the additional stringent charges. The court is expected to give its ruling on this at the next hearing.

During Friday’s hearing, Salman Khan was sitting in the visitors’ area, but was later summoned to stand in the box meant for accused.

One person was killed and four others were injured when a Land Cruiser allegedly driven by Salman Khan in an inebriated state ran over a group of footpath dwellers in Mumbai’s Bandra suburb in the early hours of Sep 28, 2002.

DNA India

Hit and Run: Charges framed but Salman Khan relieved

July 24, 2013

Mumbai, July 24: Bollywood actor Salman Khan might be relieved even after a session court in Mumbai framed charges against him in connection with hit and run case. The court on Wednesday, July 24 said that the actor would be triedunder IPC section 304, culpable homicide not amounting to murder.

However, the actor has been exempted from personal appearance during further court trials. The case has been differed till Aug 19. The actor on Wednesday appeared before the session court and filed a plea seeking exemption in personal appearance.



Lawyer of the complainant, Abha Singh informed that Khan's plea has been granted, however, the actor has to be present in the court whenever he would be called. The actor has been tried in culpable homicide charge which implicates a jail term of 10 year. Salman appeared before the court as it had rejected his plea of quashing charges against him.

Earlier the Mumbai Session Court had dismissed Salman's plea. The actor had appealed against a magistrate's order for his retrial in the 2002 hit-and-run case under stringent charge of culpable homicide not amounting to murder.
Salman was earlier tried by a magistrate under lesser charge of causing death by negligence (Section 304A of IPC), that provides for a maximum punishment of two years in jail.

Advancing his argument against invoking the grave charge of 'culpable homicide not amounting to murder' under section 304 part II IPC, Salman's lawyer Ashok Mundargi had 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 Salman Khan 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.

Salman recently has launched a website enlisting all details regarding all cases involving the actor.The landing page of Salman Khan's website says, "Certain court cases are filed against me. There is widespread media reporting of these cases. The reports are sometimes inaccurate and misleading, and cause damage to my reputation, both personal and professional."

"I have been advised to put up this website to provide easy accessible information about the ongoing status of these cases," added the statement.

Continuing the statement, the actor said, "I encourage all those interested in knowing about the cases, particularly the media, to verify facts available on this site."

A social activist, meanwhile, filed a complaint in a local court seeking action against Salman for launching the website alleging that it was contempt of court.

One India