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Prosecution for more serious charge against Salman Khan

Mumbai, Mar 16, (PTI):

The prosecution has told a local court that Bollywood actor Salman Khan should be tried for more serious charge of 'culpable homicide not amounting to murder' in a hit-and-run case in 2002.

The Bombay High Court at that time had dropped the charge of culpable homicide not amounting to murder against Khan and directed to proceed against him under the less serious charge of 'death due to negligence'.

Salman Khan's advocate Dipesh Mehta confirmed the development but said the prosecution has the privilege to move such an application at any stage of the trial.

The trial has been going on for the past six years and the prosecution has already examined 11 witnesses in the case, he said.

Salman Khan's Toyota Land Cruiser had rammed into a bakery in suburban Bandra killing one and injuring four persons who were sleeping on a pavement on September 28, 2002.
Khan was booked on the charge of culpable homicide not amounting to murder. However he had maintained that it was merely an accident and he did not have any intention to kill anyone.

The Bombay High Court had held that Section 304 part II of the Indian Penal Code (culpable homicide not amounting to murder) was not applicable in the case and the actor be tried under 304 A of IPC (rash and negligent driving) and other relevant sections.

The Metropolitan Magistrate's court in Bandra had framed charges against Khan under sections 304 A of IPC (rash and negligent driving), 279 (rash driving), 337 (causing minor injuries), 338 (causing major injuries) and 427 (negligence).

The trial in the case started in 2005 and the prosecution has already examined 11 witnesses. However two witnesses, Ravindra Patil, his police guard and Ramasray Pandey, who witnessed the incident, turned hostile.

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