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Zoran009
PostPosted: Fri Sep 05, 2003 4:33 pm 
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HOMICIDE CHARGES AGAINST SALMAN DROPPED

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The Mumbai High Court on Wednesday dropped the serious charge of culpable homicide against Bollywood actor Salman Khan. However, the judge ordered that he be tried for rash and negligent driving in a hit-and-run case. Hearing Salman`s appeal against a lower court order, Justice V M Kanade held Section 304 part two IPC (culpable homicide not amounting to murder) was not applicable in this case and ruled that the actor be tried under 304 A of IPC (rash and negligent driving)) and other provisions of the law.



The charge of culpable homicide not amounting to murder attracts ten years jail term, while other charges, including rash and negligent driving, provide for a maximum two years imprisonment. The court also ruled that Salman will be tried by a magistrate and not by the sessions court since the charge of culpable homicide not amounting to murder had been dropped. Salman is facing the charges under IPC Sections 279 (rash driving), 337 (causing minor injuries), 338 (causing grievous injuries) and 427 (mischief causing damage). Besides, he has been charged with offences under Motor Vehicles Act.

Salman had on September 28 last year rammed his car into a bakery in suburban Bandra killing one person and injuring four others. The court agreed with Salman that he had no knowledge that driving in a rash and negligent manner could cause death of persons. In order to invoke the charge of culpable homicide not amounting to murder, the presence of such knowledge is essential.

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Salman opposed the charge of culpable homicide not amounting to murder, which attracts maximum punishment of ten years in jail. He said his case was allegedly that of rash and negligent driving for which maximum punishment prescribed under IPC was two years. Hence the former charge be dropped, his lawyers Dipesh Mehta and Ashok Mundargi argued. The state contended that it had prima facie material for framing charge under Section 304 part two of IPC against the actor and that the appeal filed by him was "an attempt to delay the trial".

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Prosecutor Poornima Kantharia said Salman had knowledge that his rash and negligent act might result in the death of a person and despite repeated warnings by a police bodyguard, he continued to drive recklessly on that day. She alleged that the actor had consumed liquor and driven the car recklessly. The prosecutor alleged that Salman had the knowledge that people sleep outside the shops and driving at such a great speed might takes lives of people. Salman was not holding licence and had thus contravened the provisions of Motor Vehicles Act, Kantharia said.


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urbanlegend
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PostPosted: Fri Sep 05, 2003 5:45 pm 
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arsh wrote:
The court agreed with Salman that he had no knowledge that driving in a rash and negligent manner could cause death of persons.

:bangbang: That is the most stupidest reason I have ever heard!
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