MUMBAI: Bollywood star Salman Khan, who is appealing against the addition of Section 304 part II (culpable homicide not amounting to murder) for his 2002 hit-and-run case, will be heard in a Sessions Court, Wednesday.
On January 31 a Magistrate’s Court in Mumbai, accepted the plea of the Maharashtra government that the actor should be tried under section 304 part II (culpable homicide not amounting to murder) of the Indian Penal Code.
Justice V.S. Patil said that “knowledge”, a crucial aspect to prove culpable homicide, was there in the case, and hence modified the charges to include Section 304 part II.
“It is the matter of common knowledge or phenomenon of life in Mumbai that persons live on footpaths. Besides this, the accused was also aware of the fact that people were sleeping on the footpath where the incident occurred because he resides in same vicinity,” noted Justice Patil.
Salman Khan, on September 28, 2002, allegedly drove his Toyota Land Cruiser and rammed into a bakery in suburban Bandra, killing one and injuring four others who were sleeping on the pavement.
The Court observed that Salman Khan was under the influence of liquor, according to reports of pathological tests.
The Mumbai Sessions Court will hear the actor’s plea against the lower court’s order. Salman Khan through his petition claims, that the Magistrate’s order is “bad in law” and “erroneous”.
