Salman Khan to be tried for “Culpable homicide not amounting to murder”; Sessions Court applies Alistair Pereira’s ratio

Bollywood Actor, Salman Khan will now be tried by for “Culpable homicide not amounting to murder” under section 304 of the Indian Penal Code (IPC) in the 2002 hit-and-run case. Under this provision Khan can be sentenced up-to ten years imprisonment.

Mumbai Sessions Judge, U B Hejib rejected Khan’s plea against the Bandra Magistrate Court’s order invoking charge under section 304. Khan was initially tried for offence under section 304A of the IPC. An offence under 304A of the IPC can earn only a sentence up-to two years imprisonment.

Advocate Ashok Mundarg appeared for Khan while Public Prosecutor, Shankar Erande appeared for the State. The retrial is scheduled to commence on July 19.

It was in Alistair Pereira’s Case (2006 Mumbai Hit and Run case), the Supreme Court held that “The law makers need to revisit the sentencing policy reflected in Section 304A IPC.” A two judge Bench comprising of Justices R M Lodha and J S Khehar upheld invoking Section 304 IPC in the hit and run case and said, “The facts and circumstances of the case which have been proved by the prosecution in bringing home the guilt of the accused under Section 304 Part II IPC undoubtedly show despicable aggravated offence warranting punishment proportionate to the crime.”

 

Image from here.