In a major setback to actor Salman Khan, the Bandra magistrate court on Thursday held that the actor should be tried for culpable homicide in the 2002 hit-and-run case. Earlier, Mr Khan was charged for causing death due to negligence, for which maximum punishment is two years ofimprisonment. However, if convicted for culpable homicide case, he can be sentenced to maximum imprisonment of 10 years.
The magistrate court accepted the Maharashtra government’s plea that Khan should be tried under section 304 (II) of the Indian Penal Code (culpable homicide not amounting to order), a graver offence.
Subsequently, the magistrate committed the case to the sessions court for trial as the magistrate does not have the jurisdiction to initiate the trial when section 304 (II) IPC is imposed. The court also directed the actor to be present before the sessions court on March 11 as the court would frame the new charges against the actor.
The prosecution claimed that the court has applied a new charge of section 304 (II) which is culpable homicide not amounting to murder.
Earlier the court had applied section 304 A of the Indian Penal Court (rash and negligent driving), 279 (rash driving), 337 (causing minor injuries), 338 (causing major injuries) and 427 (negligence) in the case. The defence counsel for the actor said, “Today the court has framed additional charges against Khan. Khan is been asked to be present before the sessions court on March 11.”
On September 28, 2002, Salman Khan’s Toyota Land Cruiser had rammed into American Express Bakery in Bandra, which killed one and injured four people who were sleeping on the pavement.