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

Salman Khan can face a jail term upto 10 years

Ismat Tahseen, TNN | Jul 25, 2013



Actor Salman Khan was on Wednesday charged with culpable homicide not amounting to murder in the 2002 hit-and-run case for which he can face a jail term upto 10 years.

Speaking about the case, well-known lawyer Majeed Memon, says, "Although this widely discussed case has been delayed for a fairly long time, the incident is 11 years old and therefore, in a criminal trial it becomes difficult to secure the evidence of relevant witnesses at such a belated stage. Some witnesses die, others change their residences over the years and become unavailable to the prosecution, thereby making it difficult to establish the case. In the instant case of Salman Khan, what needs to be found out is, as to who is responsible for this delay."

He went on to add, "The accused, Salman Khan, himself cannot exclusively be held responsible for this long delay. In criminal matters, the delay can be attributed to various factors including the procedural pendency of revisions and appeals even before the trial. In any case, such inordinate delay should be avoided in the best interest of truth and justice."

"Now that the charges in the case have been framed, it is an important milestone and it is expected that now the trial court will not delay in conducting and concluding this trial. Needless to say that non-availability of witnesses causes advantage to the accused in all trials, for which the accused cannot be faulted. The prosecution as required by law has to establish its case beyond reasonable doubt and if any doubt is left out, the benefit is necessarily extended to the accused," said Memon.

TOI

Salman Khan hit-and-run case: Next hearing on September 5

Aug 19, 2013



Mumbai: A Mumbai court on Monday fixed September 5 as the next date of hearing in actor Salman Khan 2002 hit-and-run case. The actor was not present in the court as he was exempted from personal appearance in the last hearing.

The charges in the case had been fixed last month and if found guilty, the actor could face upto 10 years of imprisonment. The court charged Salman for culpable homicide not amounting to murder - which attracts ten years of imprisonment. The actor has pleaded not guilty in court.

The June 24 order was a major setback to the actor, who was earlier tried by Bandra metropolitan magistrate court for a lesser charge of rash and negligent act causing death, under section 304 A of IPC, which attracts two years of imprisonment.

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

IBN Live

Aug 20, 2013



A new judge was on Monday assigned to conduct the hitand-run trial involving actor Salman Khan who is charged with the offence of culpable homicide for causing death of one person and injuries to four others by rash and negligent driving in 2002.

The case was transferred to the court of Sessions Judge DW Deshpande who on Monday adjourned the hearing to September 5.

The judge said that the papers had reached his court two days ago and the prosecutor had yet to be appointed.

Accordingly, Justice Deshpande fixed the matter for hearing on September 5 when he would decide the applications of interveners before going ahead with the trial.

Salman did not appear in the court on Monday as he had been exempted from personal appearance for two months on his plea that he had to go abroad to shoot for a film.

On July 24, another Judge U B Hejib had framed charges against the actor for culpable homicide not amounting to murder for which he may face a jail term up to 10 years.

Apart from section 304(2) (culpable homicide not amounting to murder), the Bollywood actor was also charged under sections 279 (causing death by negligence), 337 (causing hurt by an act), 338 (causing grievous hurt), 427 (causing damage or mischief to property) of IPC, and provisions of Motor Vehicles Act and Bombay Prohibition Act.

The actor, however, had pleaded not guilty to all these charges. The Sessions Court had on June 24 upheld a magistrate's order that the offence of culpable homicide not amounting to murder was made out against the 47-year-old actor and dismissed his appeal against the verdict. PTI

Mumbai Mirror

Salman Khan's hit-and-run case: Court rejects activist's plea

Sep 24, 2013

A sessions court today rejected the plea of a social activist seeking to intervene in the 2002 hit-and-run case allegedly involving actor Salman Khan to help the prosecution in the trial.

Judge S D Deshpande ruled that only an aggrieved party, complainant or witness had a right to intervene.

In this case, the applicant, Santosh Daundkar, was neither a witness, complainant nor an aggrieved party. Hence, he could not be allowed to intervene, the court said.

The court also rejected Daundkar's another plea seeking transfer of his complaint from magistrate court to sessions court about perjury action against Salman and police for allegedly producing wrong witnesses in this case, as a result of which the trial was delayed.

The judge held that he had no jurisdiction to transfer the complaint. He asked the applicant to approach a higher court or the Principal Judge of Sessions Court in this regard.

On Salman's plea for a direction to media to report true and fair proceedings of the 2002 hit-and-run case, the court deferred its order till October 15 saying the Bombay High Court was seized of this matter.

The court said that Salman had already moved the High Court by filing a defamation and civil suit against some media channels for allegedly not correctly reporting the proceedings of the case. As the matter was pending in High Court, the sessions court did not give any ruling on the actor's plea.

The judge observed the high court had already given an interim ruling that the media should provide a fair and objective reporting in the case involving the film star.

Salman's lawyer Shrikant Shivade argued that the media was biased against the actor and was not reporting correctly the court proceedings.

This had tarnished the image of Salman in the eyes of public, he alleged and urged the media be directed to report true and fair proceedings in the case.

On October 15, the court would hear Salman's lawyer and prosecution on whether the trial should begin afresh or evidence adduced earlier by the Magistrate should be considered by the sessions court.

Daundkar's lawyers Aditya Pratap and Abha Singh argued that their client wanted to intervene in this case in public interest to help the prosecution.

They said section 301(1) of CrPc allowed Daundkar to intervene in the matter to help the prosecution. The lawyers cited three Supreme Court judgements to support their arguments.

On the other hand, Salman's lawyer argued that Daundkar was a third party and could not intervene in the case. He cited nine judgements to argue his case. The prosecutor said he had no objection if Daundkar and his lawyers helped the prosecution. However, they had no right to examine the witnesses, he said.

The court, however, rejected Daundkar's plea saying that he was not an aggrieved party and was not concerned with the case. Hence, he had no right to intervene at this stage. But after the evidence is recorded, he may at the end of the trial urge the court to allow him intervene.

As regards Daundkar's plea for perjury action against Salman and police, his lawyers said that the Magistrate's court at Bandra was inquiring into the matter.

The lawyers argued that the inquiry should now be conducted by the sessions court because the hit-and-run case has been transferred from Magistrate's court to sessions court after it was held that the charge of culpable homicide was made out against the actor.

The court rejected this plea also as the judge held that he was not empowered to decide this.

http://www.dnaindia.com/entertainment/1893353/report-salman-khan-s-hit-and-run-case-court-rejects-activist-s-plea

★ Mumbai court to decide on fresh trial in 2002 Salman Khan hit-and-run case !

Swati Deshpande,TNN | Dec 3, 2013

MUMBAI: The sessions court in Mumbai will decide on Thursday, December 5, whether there should be a fresh trial with fresh evidence in the 2002 case against actor Salman Khan after graver charge of culpable homicide not amounting to murder was added.

The judge had made a query whether a fresh trial should be undertaken or the same evidence which was produced before the Bandra magistrate could be relied up, said a defence advocate.

Both sides had made their submissions. Khan's lawyers including advocate Shrikant Shivade had argued for a fresh trial since they said the matter now included a serious charge of section 304-II of the Indian Penal Code and thus needs to tried afresh. But the prosecution team argued otherwise and said the large body of evidence presented before the magistrate ought to be used.

In October the court heard Salman's lawyer and prosecution on whether the trial should begin afresh or evidence adduced earlier by the Magistrate should be considered by the sessions court.

In June, the session court had ruled that the actor should be charged with culpable homicide not amounting to murder in the case - a charge under IPC which attracts 10 years of imprisonment.

The June 24 order was a major setback to the actor, who was earlier tried by Bandra metropolitan magistrate court for a lesser charge of rash and negligent act causing death, under section 304 A of IPC, which attracts upto two years of imprisonment.

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

TOI

★ Mumbai Court orders fresh trial in Salman Khan hit-and-run case !



Mumbai: Salman Khan’s infamous hit and run case was scheduled to be in courts today. A Mumbai sessions court has agreed to Salman Khan’s plea for the trial to begin afresh and to consider new evidence.

The film star had appealed to the court in November 2013 for the trial to be started anew owing to a more serious charge that was framed by the magistrate under the section 304, of culpable homicide not amounting to murder.

If proven guilty, Salman Khan may face imprisonment for up to ten years. Earlier the actor had only faced charges of negligent and rash driving for which the punishment is up to two years of jail term. Khan’s lawyer, Srikant Shivade had argued that the actor had not been given an opportunity to cross examine the witness and a more serious charge should be tried in a sessions court.

The sessions court, on Thursday decided to begin the trial afresh and to bring the evidence given by the witnesses anew. The trial is likely to begin on December 23.

In September 2002, Salman allegedly drove his land cruiser and crushed 5 people, killing one and injuring the others outside a pavement in Bandra.

Zee News

★ Court to hear Salman Khan's hit-and-run case on Monday !

Rebecca Samervel,TNN | Dec 17, 2013

MUMBAI: A sessions court on Monday will hear the case against actorSalman Khan in the 11-year-old hit-and-run case. The court had earlier ordered for a frsh trial in the case. The new trial will require that witnesses and evidence be examined again.

The Bollywood superstar — who is accused of driving an SUV onto five men who were sleeping on the street in 2002 — had to face a fresh trial after prosecutors succeeded in substituting the charge of 'causing death by negligence' with the graver 'culpable homicide not amounting to murder'. The new charge attracts a maximum penalty of 10 years' jail.

The trial had commenced before the magistrate court in 2006. Over the years, the prosecution had examined 17 out of 39 witnesses. Among them was the complainant, police constable Ravindra Patil, who was assigned to protect Khan after the actor complained of underworld threats.

The policeman was with Khan in his car when the incident occurred on September 28, 2002, and gave two statements to the police. He stood by the second statement, where he said he had warned a "drunk" Khan to drive slowly, but the actor paid no heed. The first statement had no mention of Khan's inebriation. Patil died during the course of the trial.

TOI

★ Mumbai: Fresh trial in Salman Khan hit-and-run case to begin today !

Dec 23, 2013

New Delhi: A Mumbai court on Monday will hear actor Salman Khan's hit-and-run case of 2002. The court had on December 5 ordered for a fresh trial in the case. In his order, Sessions court judge DW Deshpande said all the witnesses would be examined and cross-examined again during the trial which would be put on fast-track mode. The prosecution is likely to give a new list of witnesses and evidence on Monday.

Earlier a court had ordered that Salman Khan be tried for culpable homicide not amounting to murder, which attracts ten years of imprisonment. The actor had pleaded not guilty in court.

The July 24 order was a major setback to the actor, who was earlier tried by Bandra metropolitan magistrate court for a lesser charge of rash and negligent act causing death, under section 304 A of IPC, which attracts two years of imprisonment. Salman had requested that the earlier evidence presented in the case be disregarded.



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

Timeline:

September 28, 2002: Salman Khan's car ran into people asleep on a pavement. The incident occurred in Bandra, Mumbai. The accident killed one and injured four people.

October 6, 2006: The local court framed 10 charges against Salman

September 2, 2005: Trial against Salman Khan began

2006: Only one of the 39 witnesses turned up to testify

July 24, 2013: Salman Khan was charged with culpable homicide not amounting to murder

December 5, 2013: Court ordered fresh trial in the case

(With additional information from PTI)

★ Prosecution in Salman Khan's case to appeal against fresh trial !

The Prosecution in the 2002 hit-and-run case involving Bollywood actor Salman Khan has sought permission from the Maharashtra Government to file an appeal in the Bombay High Court challenging a sessions court judgement, which ordered fresh trial in this case.

The prosecution has written a letter to the Law and Judiciary Department seeking permission to file an appeal, sessions court sources said today.

Meanwhile, the case was today adjourned till January 7 as the investigating officer did not attend the proceedings.

The prosecution, in the letter to the state government, said this was a fit case to file an appeal as the judge had erred in holding a de novo (fresh) trial. It said that there was no provision in law to hold a fresh trial and the evidence adduced in a court could not be discarded.

The prosecution argued that it would be difficult for them to trace all the witnesses and re-examine them. In the eyes of law, the evidence recorded earlier in this case by a Magistrate cannot be discarded and may be used in the trial.

On December 5, the court had ordered a fresh trial on the ground that the witnesses had not been examined in the context of aggravated charge of culpable homicide, which was invoked against the actor midway through the proceedings.

The charge of culpable homicide not amounting to murder attracts a 10-year sentence. The superstar had earlier been tried by a Magistrate for a lesser offence of causing death by negligence, which entailed an imprisonment of two years.

The case, dragging on for over a decade, had taken a twist earlier this year when the Magistrate, after examining 17 witnesses, held that the charge of culpable homicide was made out against Salman and referred the matter to a sessions court as cases under this offence are triable by a higher court.

On September 28, 2002, a Toyota Land Cruiser allegedly driven by Salman, had crushed a group of people sleeping on a pavement outside a bakery in suburban Bandra, killing one and injuring four.

DNA India

★ Salman Khan case to be heard tomorrow !

MUMBAI: A sessions court will hear the case against actor Salman Khan in the 11-year-old hit-and-run case tomorrow. The court had earlier ordered for a fresh trial in the case. The new trial will require that witnesses and evidence be examined again.

The Bollywood superstar-who is accused of driving an SUV onto five sleeping men in 2002-had to face a fresh trial after prosecutors succeeded in substituting the charge of ‘causing death by negligence’ with the graver ‘culpable homicide not amounting to murder’. The new charge attracts a maximum penalty of 10 years’ jail.

The trial had commenced before the magistrate court in 2006. Over the years, the prosecution had examined 17 out of 39 witnesses. Among them was the complainant, police constable Ravindra Patil, who was assigned to protect Khan after the actor complained of underworld threats.

The policeman was with Khan in his car when the incident occurred on September 28, 2002, and gave two statements to the police. He stood by the second statement, where he said he had warned a “drunk” Khan to drive slowly, but the actor paid no heed. The first statement had no mention of Khan’s inebriation. Patil died during the course of the trial.

TOI

Check SalmanKhanFiles for updates.

May Allah always keep Salman Bro safe from all bad circumstances. And he stay Happy, Healthy, and Successful in life (Amen) !!

★ Salman Khan seeks early trial in hit-and-run case !
Jan 8, 2014

MUMBAI: A sessions court on Tuesday adjourned the case against actor Salman Khan in the 2002 hit-and-run case after the prosecution sought time to file an appeal in the Bombay high court against its order for a fresh trial.

The public prosecutor informed court that they had sent a recommendation to the state law and judiciary department seeking permission to file an appeal. The court adjourned the case to January 21.

Khan’s lawyer urged the court to give an earlier date. “This is the third time since the court order that the matter has been adjourned. The prosecution should file an appeal as early as possible so that the trial can commence soon,” Khan’s lawyer Shrikant Shivde told TOI on Tuesday.

The court had earlier ordered a fresh trial, which means witnesses and evidence will have to be examined again. Khan now faces a graver charge of culpable homicide not amounting to murder, which attracts a maximum imprisonment of 10 years.

The trial had commenced before the magistrate court in 2006 and the prosecution had examined 17 out of 39 witnesses.

TOI

Allah Bless Him<3 !! Check SalmanKhanFiles for updates.