Mumbai: Prosecution today sought conviction of Bollywood superstar Salman Khan on the charge of culpable homicide in the 2002 hit-and-run case in which he has been accused of ramming his car into a shop killing one person and injuring four others who were sleeping outside.
Khan was under the influence of liquor and was driving without a licence, therefore, he had knowledge and intention that his rash and negligent act might cause a serious mishap and result in death of people, Public Prosecutor Pradeep Gharat argued in the court of Sessions Judge D W Deshpande. The charge of culpable homicide attracts punishment upto ten years.
The actor had sufficient knowledge and intention that by driving under the influence of liquor and without a licence it would cause death of people, the prosecutor submitted while summing up final arguments.
Knowledge and intention are the essential ingredients of the charge of 'culpable homicide not amounting to murder', Gharat said and cited three judgements to argue that this charge was made out against the accused.
The verdicts cited by him to fix Salman Khan on this charge are Mumbai's Alistair Pereira Judgement of 2006, Delhi's Sanjeev Nanda BMW hit-and-run case of 1999 and Naresh Singh versus State of Madhya Pradesh. The prosecutor said all these cases have a glaring similarity with the Salman Khan hit-and-run case.
Dismissing Khan's defence that a road near the mishap spot was being repaired at the relevant time and his car ran over stones which were lying there before hitting the shutter of a shop, the prosecutor said, "if that was the case he should have been more cautious and should have reduced the speed of the vehicle."
"The prosecution said it had proved beyond reasonable doubt its case against the accused and he should be convicted under IPC section 304 part two (culpable homicide not amounting to murder)," said Gharat in his concluding arguments.
Gharat said Alistair Pereira case and Salman Khan case were very much similar. Just like Khan, Alistair was also staying in the same area (Bandra), he was also the under the influence of liquor and was driving without a licence. As Alistair was convicted under culpable homicide charge, Khan too should be similarly held guilty, the prosecutor argued.
The prosecutor quoted Supreme Court order in the case of Alistair Pereira, who was awarded three-year jail term. The apex court had observed, "It is high time that law makers revisit the sentencing policy reflected in Section 304 A IPC (death due to negligence). It is true that the appellant has paid compensation of Rs 8,50,000 but no amount of compensation could relieve the family of victims from the constant agony."
Pereira, a Mumbai youth and son of a rich businessman, had run his car over people in 2006 under the influence of liquor resulting in the death of seven persons and injuries to another eight. The sessions court awarded him only six months' imprisonment. However, the Bombay High Court took suo moto cognisance and awarded him three years imprisonment and slapped a Rs five lakh fine on him. The Supreme Court concurred with High Court order.
As the prosecution concluded its arguments today, the court asked Khan's lawyer Srikant Shivade to argue his case tomorrow. The 49-year-old actor was not present in the court but his sister, Alvira, had come to watch the proceedings.
Besides the charge of culpable homicide (section 304 part two), the actor is facing charges of causing death of one person by negligent driving (sec 279), causing hurt to persons by act endangering personal safety (sec 337) and causing damage to property (sec 427) under Indian Penal Code. He is also facing charges under Motor Vehicles Act (driving without licence) and Bombay Prohibition Act (driving after consuming liquor).
A fresh trial is being conducted after the earlier magistrate's court added the aggravated charge of culpable homicide. The earlier charge of rash and negligent driving provides for imprisonment upto only two years.
