Salman to be charged with culpable homicide

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The Bandra Metropolitan Magistrate Court has decided that Salman Khan should be charged with culpable homicide not amounting to murder in the American Express Bakery hit-and-run case. In September 2002, a car driven by the actor had run over a group of people sleeping on the pavement near his house, killing one and injuring four.

So far, Salman was being tried for the relatively lesser offence of causing death due to rash and negligent driving, which carries a maximum punishment of two years in jail. If found guilty under the new section (304, part 2 of the Indian Penal Code), Salman could be sentenced to a maximum of 10 years of rigorous imprisonment.

The Magistrate has directed Salman to appear before the Mumbai Sessions Court on March 11 for a hearing under the new section. Advocate Dipesh Mehta, representing Salman in the trial court, said they would challenge the trial court’s order in the Bombay High Court.

Salman had allegedly been driving his Toyota Landcruiser when drunk, and had rammed the vehicle into the bakery on Hill Road. He also ran over people who were sleeping outside the steps of the bakery.

Initially, Salman was charged causing death due to rash and negligent driving, but a few days later, following huge public outcry, the police added the charge of culpable homicide not amounting to murder and re-arrested the actor.

He remained in custody for 10 days before he was granted bail.

In 2003, however, Salman challenged the application of culpable homicide not amounting to murder in his case at the Sessions Court, and though it was rejected there, the Bombay High Court directed that charge to be dropped.

However, the Supreme Court did not agree with the view taken by Bombay High Court, and ruled that the Magistrate conducting the trial would be free to amend the charge if there was evidence to show he could be tried for a graver offence.

Following this, in October, 2003, the Metropolitan Court framed charges against him under Sections 304 A of the IPC (rash and negligent driving), 279 (rash driving), 337 (causing minor injuries), 338 (causing major injuries) and 427 (negligence).

On Thursday, Magistrate Vasant Patil observed in his order that “there is enough evidence to prove that the act was not incidental and was done with knowledge, therefore 304, Part 2 is applicable.”

The Salman Khan trial has been moving slowly, with only 17 witnesses examined by the prosecution since the trial began in 2006.

Recently, top cop-turned-activist YP Singh alleged that the cops investigating the case were helping Salman delay the trial by not producing the relevant witnesses in court.

There has been no movement since March 2011, when the prosecution moved an application before the Magistrate asking for Salman to be tried under enhanced charges of culpable homicide not amounting murder.