Salman Khan gets 5-year rigorous imprisonment in hit-and-run case

Mumbai, May 6

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Bollywood actor Salman Khan was today convicted of culpable homicide and sentenced to five-year rigorous imprisonment by a sessions court in the 2002 hit-and-run case but escaped being sent to jail after the Bombay High Court granted him interim bail till May 8 when it will hear his plea against conviction.

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The high court granted interim relief to the 49-year-old actor on the ground that he had been handed over only a two-page operative part of the sessions court verdict and not a detailed order explaining the reasons for his conviction.

Like the twists and turns that characterised the prolonged trial in the over 12-year-old case, the actor was sentenced to five years rigorous imprisonment by sessions court judge D W Deshpande and placed under arrest immediately thereafter, only to be allowed a 48-hour breather by the high court.

Minutes after the judgment was pronounced in a packed courtroom, Salman's lawyers moved the high court in appeal against conviction and seeking bail.

Justice A M Thipsay of the Bombay High Court offered a breather to the beleaguered actor when he granted him interim bail accepting the plea of his senior counsel Harish Salve.

 "So far, we have only got a two-page operative part of the judgement but not a detailed copy giving reasons for the conviction," Salve said, seeking interim protection.

"The urgency in the matter is that the appellant (Salman) who was on bail throughout the trial is likely to be taken into custody today. However, the copy of the order has not been delivered yet," Justice Thipsay said, adding "in all fairness and in the interest of justice" the actor should be protected till the time a copy of the reasoned order regarding his conviction is furnished to him.

Earlier in the day, sessions judge Deshpande convicted the hugely popular actor of culpable homicide not amounting to murder for running his Toyota Land Cruiser over a group of people sleeping on the pavement outside American Express bakery in suburban Bandra that left one dead and four others wounded.

He was awarded five years' rigorous imprisonment under the charge of culpable homicide, the crime which attracts a maximum punishment of 10 years.

Salman was also found guilty of offences under section 279 IPC (rash and negligent driving) and sections 337 and 338 IPC (causing hurt by acts endangering life or personal property of others), which prescribes six months jail.

Besides, he was sentenced to undergo jail for six months under sections 181 (driving without licence) and 185 of Motor Vehicles Act (drink driving).

Salman was found guilty under the Bombay Prohibition Act under section 66 (a) and (b) for which he received two months imprisonment and fine of Rs 500. All sentences will run concurrently.

The sessions judge rejected Salman's contention that his driver Ashok Singh was at the wheel at the time of accident and accepted the prosecution's plea that the actor was drunk while driving and also did not have a driving licence.

"All charges have been proved against you...What you have to say? the judge asked Salman who was in the dock.

"I hold that you were driving the vehicle. You were intoxicated. I also do not agree with your plea that the person who had died had received fatal injuries after a crane dropped the car on the persons underneath while removing it," the judge said, rejecting the defence's claim that the actor's driver Ashok Singh was at the wheel when the accident took place.

Salman was in tears when Judge Deshpande pronounced the verdict.

The actor, attired in a white shirt and light blue denim jeans, however, insisted, "I was not driving the car...But I respect your decision and accept it. My lawyer will speak on my behalf."

Family by his side

Salman's bothers Arbaaz and Sohail, sisters Alvira and Arpita, besides long-time bodyguard Shera stood beside him in the courtroom which, barring the media, court staff and the lawyers, was declared out of bounds for others.

A huge crowd of his fans had collected outside the court premises in Fort area of south Mumbai, throwing normal traffic into disarray.

Before the quantum of sentence was pronounced today, prosecutor Pradeep Gharat sought deterrent punishment for Salman saying a strong message should go to the society that such acts would be dealt with seriously.

Gharat said he did not agree with Salman's argument that the mishap was an act of God. "It was a serious offence and maximum punishment should be awarded to the accused," he said.

On the other hand, the actor's lawyer Srikant Shivade said, "Salman's case was on a better footing than the Alistair Pereira and Sanjeev Nanda BMW cases in which more than 5 persons were killed. In the Alistair case, seven people were killed and a bottle of liquor was found in the car."

In keeping with an earlier direction of the Bombay High Court, Salman had also deposited Rs 19 lakh as compensation for the victims in 2002 itself, said his lawyer. The HC's order had come while hearing a PIL.

The lawyer further said that in 2007, the actor had started Salman Khan Foundation and an NGO 'Being Human' to serve the society. He has done a lot of community service, his lawyer said.

The lawyer appealed to the court to take a "compassionate" view while awarding the sentence.

In a related development, the court rejected the plea of activist Santosh Daundkar seeking action against the police for perjury (giving false evidence under oath) for examining a wrong set of doctors in the trial, thereby delaying the process of justice.

He had also sought action against the police for not examining a key witness — singer Kamaal Khan, who was in the vehicle at the time of mishap.

Dismissing Daundkar's plea as "frivolous", the court imposed a cost of Rs 10,000 on the activist. — PTI 

THE TRIAL TIMELINE

The following is the chronology of events in the 2002 hit-and-run case in which actor Salman Khan was convicted by a Mumbai court today:

September 28, 2002: Salman's white-colour Toyota Land Cruiser crashes into American Express Bakery at Hill Road at Bandra, killing one person and injuring four others.

September 28: Salman's blood samples taken.

September 28: Salman arrested by Bandra Police, granted bail.

October 1: Salman booked under provisions of IPC, Motor Vehicles Act, 1988, and Bombay Prohibition Act, 1949.

October 2002: Mumbai Police invokes section 304-II of IPC i.e culpable homicide not amounting to murder which attracts punishment of jail term of 10 years.

October 7, 2002: Salman surrenders again before Bandra Police, he is arrested.

October 21, 2002: Mumbai Police files charge sheet in Bandra magistrate court.

October 24, 2002: Salman granted bail.

March 2003: Salman challenges application of Section 304-II of the IPC in Mumbai sessions court.

May 2003: Sessions court rejects the plea, asks magistrate court to frame charges.

June 2003: Salman moves Bombay High Court, which opines that section 304-II of IPC not applicable in the case.

October 2003: Maharashtra government challenges Bombay HC order in Supreme Court.

December 2003:  The SC rules that the magistrate court may decide whether section 304-II of IPC could be applied.

October 2006: Magistrate frames charges against Salman Khan.

October 3, 2007: Police bodyguard Ravindra Patil, who filed the first FIR, dies of TB.

October 2011: Prosecution demands Salman Khan must be tried under harsher sections.

December 23, 2013: Additional Chief Metropolitan Magistrate V S Patil, after examining 17 witnesses, invokes charge of culpable homicide not amounting to murder on the actor and refers case to Sessions Court for trial.

June 24, 2013: Sessions Court holds that culpable homicide charge is applicable, rejects Salman's appeal against the order of Magistrate.

April 27, 2014: Fresh trial begins in Sessions Court, first witness deposes.

July 24, 2014: Charges framed against Salman in fresh trial by Sessions Court.

July 2014: Files in the case disappear from Bandra Police Station. Original statements of 63 witnesses reported missing. Court orders inquiry.

September 12, 2014: Files found and produced before the court.

September 2014: Pradeep Gharat appointed Special Public Prosecutor in this case.

March 25, 2015: Prosecution closes evidence after examining 24 witnesses.

March 27, 2015: Salman Khan's statement recorded under Section 313 CrPC by Additional Sessions Judge D W Deshpande.

March 31: Salman's driver Ashok Singh examined as defence witness, says he was driving the car and not the actor.

April 1: Prosecution beings arguments.

April 10: Salman's lawyer begins arguments.

April 20: Arguments conclude.

April 21: Court says it would give judgement on May 6.

May 6: Court delivers verdict, Salman is sentenced to five-year jail. — PTI