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Charge of homicide against Salman quashed
September 03, 2003 13:19 IST
Last Updated: September 03, 2003 15:16 IST
The Mumbai high court on Wednesday quashed a sessions court order, which had framed charges against film actor Salman Khan for culpable homicide not amounting to murder in a hit-and-run case.
Hearing an appeal filed by the actor against the lower court order, Justice V M Kanade held that Section 304 part II of the Indian Penal Code (culpable homicide not amounting to murder) was not applicable in this case and the actor be tried under 304 A of IPC (rash and negligent driving) and other provisions of the law.
The court also ruled that other charges framed against Salman under sections 279 (rash driving), 337 (causing minor injuries), 338 (causing major injuries) and 427 (negligence) of the IPC will not be altered.
Salman will continue to face charges under the Motor Vehicles Act. The court ruled that he will now be tried by an appropriate court.
Salman had on September 28 last year rammed his car into a bakery in suburban Bandra killing one person and injuring four others.
His lawyers Dipesh Mehta and Ashok Mundargi pleaded that at the most, Salman's case could be of rash and negligent driving, which attracts maximum two years punishment.
They argued that Salman was wrongly booked for culpable homicide not amounting to murder, which attracts maximum 10 years punishment.
The sessions court had recently framed a charge of culpable homicide not amounting to murder against Salman but as this charge has been set aside by the high court, his case will now be referred to a magistrate for trial.