Sessions judge A J Dholakia today transferred Bollywood actor Salman Khan's hit-and-run case to metropolitan court in Bandra for trial. The high court had recently struck off the charge of culpable homicide against the actor who was accused of killing one person in a car accident.
The judge passed the order after public prosecutor R V Kini told the court that he had no instruction from the government about appealing against the HC order.
Salman was present in the court along with his sister father and script writer Salim Khan. He was whisked away by his personal security and a police escort the moment the order was passed.
The Bandra court will start hearing the case from September 26. The case was transferred because the case of culpable homicide not amounting to murder under section 304 of the IPC which is triable by the sessions court no longer existed against the actor.
A sessions court had earlier held Salman prima facie guilty of culpable homicide not amounting to murder and rejected his plea to drop the charge. The actor had pleaded not guilty to the charges.
The judge had held that Salman appeared to be prima facie guilty of culpable homicide not amounting to murder as he had the knowledge that rash and negligent driving may kill people.
Salman had urged the trial court to drop the charge of section 304 part two IPC, triable exclusively by a court of sessions. On other charges he had not raised any dispute.
The actor had argued that he was charged with rash and negligent driving and so the case was triable by a magistrate and not a sessions court. He said it was merely an accident case and that he had no intention to kill people.
The court, however, turned down Salman's plea. Being aggrieved, he filed an appeal in the high court which dropped the charge of culpable homicide not amounting to murder but retained other charges.
Salman is facing the charges under IPC sections 279 (rash driving), 337 (causing minor injuries), 338 (causing grievious injuries) and 427 (mischief causing damage). Besides, he has been charged with various offences under Motor Vehicles Act.
Salman had rammed his vehicle into a bakery in suburban Bandra on September 28, killing Noorulla Mahboob Sharif who was sleeping outside the bakery.
The charges include section 279 IPC (causing death by negligence), section 338 IPC (causing grievous hurt to 17-year-old Abdul Rauf Shaikh), section 337 IPC (causing hurt to Kalim Mohammed Pathan and Munna Malai Khan), 427 IPC (damaging property of bakery by dashing the car against its shutter).
Besides, he has been charged with various sections of Motor Vehicle Act and Bombay Prohibition Act.
