Salman knew he would injure people Court

By: admin
Updated: 07 Feb 2013 10:11 PM

Mumbai: Actor Salman
Khan had knowledge 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. Watch: Salman
Khan knew he would kill or injure people, says court

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 or else the
vehicle would meet with accident but he did not pay heed to his advice,
Additional Chief Metropolitan Magistrate VS Patil noted last week in his
order, a copy of which was made available on Thursday.

lawyer Dipesh Mehta said that the actor would challenge the order, given
on a Maharashtra government plea, in the Bombay High Court soon. On the
night of September 28, 2002, Salman had allegedly rammed his Toyota Land
Cruiser into a roadside bakery at suburban Bandra, killing one person and
injuring four others who were sleeping on the pavement. The 47-year-old
was earlier charged under IPC Section 304A (rash and negligent driving)
which attracts two years of imprisonment 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. The
Magistrate, in his order on January 31, said the actor was under the
influence of liquor, according to reports of pathological tests.

court disagreed with Salman's argument that he had no knowledge that there
would be an accident and people would die if he drove at a fast speed. On
the contrary, the actor had knowledge about this because he stays in the
vicinity and knows the topography of the place, the Magistrate noted. The
Magistrate rejected Salman's contention that at the relevant time it was
dark and the accident was not intentional but an act of God. He reiterated
the actor had knowledge that he would meet with accident if he drove at
high speed because he was warned by the police bodyguard who was sitting
next to him in the ill-fated car.

Salman argued that the court
cannot alter the charge on the basis of an application made by the
prosecution. The Magistrate, however, felt that the court can any time
alter the charge before the trial concludes. In this case, the Magistrate
pointed out, prosecution had only drawn the court's attention to the
evidence adduced by it to show that charge of 'culpable homicide not
amounting to murder' was made out against the accused. Ultimately, it was
the court's decision to invoke this charge on the basis of evidence tabled
before it.

Interestingly, this is the second time that Salman is
being tried under the stringent provision of IPC. Earlier too, the
Magistrate had charged with him with the same offence and referred the
case to Sessions Court for trial. The actor had challenged application of
this charge in the Sessions Court which rejected his plea. He had then
moved the Bombay High Court which ruled that the charge of 'culpable
homicide not amounting to murder' would not apply in the case.

The Maharashtra government
approached the Supreme Court, which set aside the order of both Sessions
Court and High Court. "But we make it very clear that at any appropriate
stage if the Magistrate comes to the conclusion that there is sufficient
material to charge the accused with a more serious offence than the one
punishable u/s 304(A), he shall proceed to do so.

"As such
decision of the Magistrate shall be purely based on the material brought
in evidence at the time of trial," the apex court had observed. Acting on
a prosecution plea, the Magistrate last week slapped the charge of
'culpable homicide not amounting to murder' on the actor and referred the
case to Sessions Court for trial.

Watch: Salman
Khan knew he would kill or injure people, says court