Salman case: Bombay HC to examine crucial issues

The Bombay High Court will dwell into the issue of whether elevating charges from “causing death by negligence” to “culpable homicide not amounting to murder” in a hit-and-run case involving actor Salman Khan is applicable.

The court will also examine the admissibility of police bodyguard the late Ravindra Patil’s statement.

“The charges were elevated from IPC Section 304-A (causing death by negligence) to Section 304, Part II (culpable homicide not amounting to murder), from the metropolitan magistrate’s court to the sessions court...whether it is applicable or not (in this case), we would be examining in detail at an appropriate place,” said Justice A R Joshi, who presided over the appeal of the actor against his conviction and five-year jail term by the Mumbai Sessions Court.

Besides, Justice Joshi also pointed out that when Patil’s evidence-in-chief was recorded and cross-examination was conducted by the magistrate's court, the main section was 304-A. However, when his statement was taken on record in the sessions court, the section was 304, Part II.

“In such a case, whether, the statement can be taken on record, under section 33 of Indian Evidence Act....this aspect would also be analysed in detail,” he said.

During the course of the initial part of dictation of verdict, based on submissions by senior counsel Amit Desai and government pleader and chief public prosecutor Sandeep Shinde, the judge classified the witnesses into various categories for analysis and perspective.

Justice Joshi also pointed out that other crucial aspects have to be analysed. For instance, in the FIR, Patil has not mentioned anything on alcohol or drunkenness but said about speeding vehicle, but when his supplementary statement was recorded, he had mentioned consumption of alcohol of appellant-accused.