In a major setback to Bollywood superstar Salman Khan, a Mumbai court Monday rejected his review plea challenging a magistrate’s order for a re-trial in the 2002 hit-and-run case on charges of culpable homicide not amounting to murder.
Salman has been given one month’s time to appear before the sessions court and face trial in the case, Sessions Judge U.B. Hejib said in his ruling delivered in an open court Monday afternoon.
The date for starting the re-trial has been fixed for July 19.
If convicted, the 47-year-old actor could face a 10-year jail sentence as stipulated under Section 304 (II) (culpable homicide not amounting to murder) of the Indian Penal Code (IPC).
The case relates to the time the actor’s SUV ran over pavement dwellers in suburban Bandra in the early hours of Sep 28, 2002, killing one and injuring four others.
In his verdict, Judge Hejib said that the offence of “culpable homicide not amounting to murder” had been made out against the actor in the accident case.
Earlier, Salman Khan had been tried by a Bandra metropolitan magistrate under the less serious charge under Section 304(A) (causing death by negligence) of IPC, which carries a two-year jail sentence.
The magistrate later invoked Section 304 (II) of IPC after examining 17 witnesses and transferred the case for re-trial by the session court.
Strongly opposing it, Salman Khan’s lawyer Ashok Mundargi had argued that the magistrate’s order was “erroneous, bad in law and contrary to evidence on record”.
He contended that the magistrate had failed to appreciate that the actor had neither the intention to kill people, nor knowledge that his rash and negligent driving could kill one person and injure four more.
Countering the arguments, public prosecutor S. Erande pointed out that a prosecution witness, the late Ravindra Patil, who was a police personal bodyguard for Salman, had repeatedly warned the actor not to drive rashly as it could lead to an accident.
But Salman did not heed and drove at high speed, leading to accident, said Erande, while opposing the actor’s appeal.
The magistrate had rightly invoked the charge of culpable homicide as the actor had committed a serious offence, he added.
Erande further stated that Salman’s blood samples revealed that he was inebriated, with 60 mg alcohol, which is beyond permissible limits for driving.
Salman has no intend to kill any one but salmans police personal bodyguard warning has been neglected by salman, that’s a huge mistake. But salman, the poweful he is, Therefore I dont think he will be sent to jail for 10 years. I think he will escape 10 years but he wont able to get away with atleast 2 years imprisonment. Cant believe he changed the image of his completely now. There is a huge difference between salman of early 2000 and salman of today as image is concerned. I hope if he done any wrong then he shud be sent to jail or else if didnt do any wrong then he doesnt deserve jail
still he will remain saint for his fans.
he should be jailed
Not to worry , as it is just in session court , they will challenged this court order in the higher court. For final verdict in this case , will take atleast 15-20yrs till it reaches in supreme court..nothing to worry Salman Khan fans .
Yes.i don,t think so that salman will be jailed this case will take atleast 20years or it will forgetable.
Salman bhai will never go to jail PERIOD.
One court ruling, appeal at next court, case dismissed, retrial, sentenced again, appeal on grounds of wrongful interpretations, mistrial, case dismissed etc etc etc.
This is India and Sher Khan rules supreme….! ;-)
it was an accident to start with.. it was not intentional.. accidents do happen and are very unfortunate.. just think had any of your dear ones like your father, mother were involved in an accident and somebody unfortunately died would you still say hang them to death and stuffs like that.. my point is it was just an accident and it can happen to anybody, you me or somebody else.. i sympathize with the victim and their family.. but why were they sleeping on the pavement of the streets??? more than anybody i think the government is responsible for it and it is them who need to be punished who leave the poor to sleep on the streets.. my sympathies are with the victims and as well as salman khan.. none is at fault.. as i said it was an unfortunate accident..
culpable homicide??? for an accident!!! are u kidding me!!! did salman had an intention to kill somebody. absolutely not. it was a death caused by an accident and was not done intentionally. then how come this charges of culpable homicide apply. utter nonsense.
well people who are saying accidents happen regularly yes of course they do and not too many of them face the culpable homicide charges . But this is a slightly different case where he was drunk and neglected suggestions of the policeman and as the place where accident happened was not too far from the place he resides so he was aware that people sleeps there and hence he has to face these charges.But he wont get punished atleast for next 12 years and we all know that.
here is my thing the charges of culpable homicide on Salman is as true as rajpal yadav is boxoffice king now. the prosecutors showing salman as a person who would like to kill on daily basis, but on the other hand the worst reality is that they cant admit the fact that they cant get real murderer name dawoood Ibrahim but what they are doing is making movies on him and making him famous for nothing. on the other hand a guy like salman who changed him self as a person and helped so many people. these guys or fans say with all their hate comments that salman is a murderer and killed one person but at the same they fail to mention that it was him who saved a lot of lives of cancer patients who need to get their treatments done on time and being helped by salman khan NGO and its because these guys prayers nothing happened to salman. another worst truth is since salman reached the undisputed star status in Bollywood, these people cant bear his success and that is why they are doing it now. I am saying salman is not a saint but he is definitely not a killer. all those who say pavement in not for driving well guess what its not for sleeping either. I don’t care dislike or like my comment ijust said what was in my heart and salman will always be my menor.
Had he been jailed since 2003, he would have been out by now. This “MENTAL KHAN” is doing all his BEING HUMAN stuffs (which is very good in,fact), to coverup his HEINOUS CRIMES and escape the law. If law is equal for all, and IF he is guilty, he should get his deserved punishment, that too in time.
Salman can now rot in jail along with Sanjay Dutt. If he had admitted his guilt before itself and undergone the punishment he wouldn’t have received so much negativity. But he evaded justice and even tried to act “Being Human”. Now let him suffer.
“Kill Innocent People on Road by Getting Drunk and Open Organization named Being Human!” That’s Sal Man for you…Being Hu Man
All are telling ki he didnt had intention to kill any1..so all the people who are facing charges for road accidents should be left free..as nobody has the intention..koi bhi road par 100km/hr ki speed par chalata hai,toh woh toh aise hi sochta hi woh hero ki tarah cut mar lega..so its his fault..he should follow rules..he drank alcohol,i knw ki he wont go to jail..par galti sallu ki hai..
It will take long time minimum 15-years to get Salman in Jail it will go to high court then to supreme court no worry for Salman and his fans, killing one person what a joke 100 of people died everyday and drivers runaway and never get punishment, what about 1000 of people saved by Salman khan through his being human and 1000 of old parents who get shelter again provided by Salman Khan being human 1000 of children those are getting education, my question is why we are looking behind?
i can’t believe these salman fans, when it comes to their fav star, they can cross any limit. pathetic man , really pathetic. if someday we find a news saying salman is linked to al-qaida. they will defend that also. salman fans, yeh too much ho gaya. manta hun tum logon ka wo fav hai par ek crime mein defend karoge ??? this is not right. his own police personal bodyguard warned him, he himself is the BIGGEST evidence. salman didn’t listen to him and because of that this happened. ab galti ki hai toh saza toh milni hi hai warna logon ka law aur constitution par se vishwaas hatt jayega.
@Navin, you said this is india and salman is sherkhan, are you not ashamed ?? you are a grown up adult with kids and you are making statements like this only because he is your fav ?? think deeply dude. your words mean that this is india and here, there is no law and order.
BOTTOMLINE: if salman is not guilty, he should be released but if he is guilty, he should be punished.
here some people supporting salman and saying he had done lot of good things.and saved many lives.
if dawood ibrahim or chota rajan or any other criminal.do same kind of social work.will u support them also.
be truthful.criminal must be punished.whatever they doing.
already lot of public r not believeing indian judiciary system.if we excuse salman also.we will loose faith in system totally.
many people saying,courts will take 10 years to punish him.
witin in one year,salman will be jail.i mean before 2014 elections ,he will be in jail.
When will the government be prosecuted for abbetting accident by deliberately allowing people to live on streets?
All this headlines are just for media eyeball grabbing, as it was plea by Salman that got rejected, now, after 11 years, the slow motion law of the country is going to once again start a proceeding, and you can imagine how many counter petitions either parties to the case will file.
This is a never ending circus.
The matter with Sanjay dutt was totally different and the media comparing it has got nothing to do, cuz it involved national security, and even then he went behind bars like after 19 years, so one can imagine how much time the law will take to solve a case of hit and run.
First comment isthe best comment by @soroop”There is a huge difference between salman of early 2000 and salman of today as image is concerned” What he had said was right sallu bhai has changed a lot because of his father Salim-Khan who was reason behind his change as a good human being Many occasions Salman had discussed the importance of dad well
I just pray tht he should be out of this and do more charity
If salman did it by mistake they why did he run after hitting the poor people?
Think guyz
Salman is a good person, nothing bad will happen wid him
BHUWAHAHAHAHAHAH take that you losers. Yes he’s going to get imprisoned, that’s an awesome news indicine, and keep it coming.
@salman_haters let’s go party tonight.
@r20 Why should I be ashamed…?
Salman Khan can do whatever he wants as hes earned that right- he is larger than life and we his fans feel honoured to be living in the era of Salman Khan. ;-)
And NO I dont need reminding about the dweller who died- it was tragic but just think about the millions of deaths worldwide caused by road accidents that never get solved…! Many a people never receive justice. Salman Khan hasnt run away from his misdemeanour just that the case against him seems to be flawed and opportunistic by the establishment. He will be trialed accordingly and the right verdict will be reached which may not sit right with the ‘Haters’ but thats life and lifes tough…!
@IMAM bhai roxXxXx PS. US spy planes are still searching for you in the Afghan mountains along with your Taliban friends…! :-P
@r20 look whos being naive….
The rich and powerful hold the law in their hands and play with it like its their own play toy.
This is India and you seem to be lost in a world where justice is fair and equal to all men…! I think you need to do some growing up because I know had I been the driver in a road accident then I would be banged up for 25 years because I couldnt afford top lawyers…! No defence just tough luck. In India it can take 20 mins to prove an innocent man guilty but 20 years to find a guilty man innocent… Money can buy almost anything like freedom for instance…!
navin do u have any idea what have u written in ur last comment?r u saying salman cant afford top lawers ?
If this crime was done by a common man he would have been hanged till now but the super rich peoples like salman will never get punished. he would get out of this with his money power. the whole world knows about his crime but he wiil never be punished.he would help people through his being human foundation & on other side kiil innocent peoples & animals! great ! great! & we indians love such peoples !
its very easy for people to label salman khan as a criminal. the day they will meet with an accident they will truly realize what does an accident mean. yes i am a salman khan fan, yes he should be punished for whatever wrong he did, but charges of culpable homicide is way too much. but this is the price he has to pay for being a superstar. had any one of us been involved in such an accident the police n court would not have even bothered. lets face it how many accidents do u people come across in newspapers daily? plenty, am i right? do you even hear about it the next day? no. but when salman khan does it makes headlines news even after 11years n people give their judgements without even knowing anything n easily label him as a criminal n the judiciary becomes harsher n charge him with more serious charges without any reason. some people here are also saying that he opened his NGO being human to hide his crimes. even if we assume he did, at the end of the day he did manage to save thousands of lives n help thousands of people. what’s wrong in it?
@ginger I know what I said as I’ve seen ‘justice’ and Im telling haters to keep dreaming if they think Salman bhai will ever go to jail…!
It will never happen, its just a case of ‘justice been seen to be doing its job’ but we all know the wheels of justice turn very very slowly. Only the poor get quick justice, rich folk get slow justice where every possible avenue is exerted.
Hope you understand that Bhai will never go to prison but you always welcomed to test the theory out for yourself and see how quickly/ slowly justice is meted out to you…!
why the hell they are going after salman, he has already imprisoned before for his guilty, The media and court should focus more on all the scam going on this country, politician are their to kill the country.
whereas Salman at least giving the entertainment and at the High peak of his career
I am amazed at various judgement being pronounced for Salman. Someone by name @shaji even saying hanging punishment for accident. Dude, do you know the meaning of accident and murder? Which world do such people live? Everyone is making their own constitution and coming up with various theories and Indian Penal Code. Illiterate morons filled with hatred.