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Mumbai High Court allows Salman Khan's plea
Wednesday, September 3 2003 13:25 Hrs (IST)

Mumbai: Mumbai High Court on September 3 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 Section 304 part II of Indian Penal Code (IPC) – 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 law.

The court also ruled other charges framed against Salman under IPC will not be altered. The sections include 279 (rash driving, 337 causing minor injuries, 338 causing major injuries, and 427 negligence).

Salman will continue to face charges under the Motor Vehicles Act. The court ruled Salman would now be tried by an appropriate court.

Salman had on September 28, 2002 rammed his car into a bakery in suburban Bandra killing one person and injuring four others.

His lawyers Dipesh Mehta and Ashok Mundargi pleaded 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.

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, Salman's case will now be referred to a magistrate for trial.

PTI



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