Bollywood actor Salman Khan will find out on June 10 if he will be tried for culpable homicide or the less serious offence of causing death due to negligence in a decade-old hit-and-run case. Additional sessions judge U B Hejib on Wednesday set the date of the verdict after hearing extensive arguments of the prosecution as well as Salman's lawyers on the issue.
If charged with culpable homicide not amounting to murder (Section 304(ii) of the Indian Penal Code), Salman can be punished with up to 10 years' imprisonment. On the other hand, the offence of causing death due to rash and negligent act (Section 304(a) of the IPC) is punishable with a jail term of up to two years and/or fine. On September 28, 2002, Salman drove his car over the pavement outside the American Express bakery in Bandra, killing one and injuring four. The trial in the case commenced in 2006. On Wednesday, the actor was exempted from appearing in court following an application by his lawyer that he was busy with professional assignments. In January 2013, a magistrate's court concluded after hearing 17 witnesses that it was a fit case for more serious charges to be applied against Salman.
Salman's lawyers argued that the magistrate had erred as there was no evidence to show that the actor had any knowledge or intention of crashing his car into people. The prosecution said the magistrate was right in enhancing the charges and pointed to evidence that showed that Salman had knowledge that his act could cause an accident and kill people. The medical report had concluded that Salman had 60 mg of alcohol in his body, which was proof that he was driving under influence, the prosecutor said. Secondly, his police escort constable Ravindra Patil had told the court that he had warned Salman not to drink and drive rashly. Patil died a few years after his statement was recorded.