Actor Salman Khan has urged a sessions court to transfer the hit-and-run case to a magistrate for trial in view of Mumbai high court dropping the charge of 'culpable homicide not amounting to murder' framed against him by a lower court.
Salman's lawyer Dipesh Mehta moved a petition in this regard on Monday before principal judge A K Dholakia who will give his ruling on Wednesday.
The actor is expected to appear before the court on Wednesday as on the last occasion the judge had pulled him up for not appearing and sternly warned that his absence would not be accepted on the next date.
Salman had rammed his vehicle into a bakery on September 28 last year killing one person and injuring four others.
Initially, he was charged with rash and negligent driving but due to public outcry the state charged him with more serious offence of culpable homicide not amounting to murder.
Rash and negligent driving attracts maximum two years imprisonment and is tried by a magistrate while culpable homicide not amounting to murder provides for maximum ten years jail term and is tried by a sessions court.
In view of the high court dropping the latter charge, Salman has moved a sessions court seeking transfer of the case to a magistrate.
On May 2, a sessions court had 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 raise any dispute.
The actor had argued that he was charged with rash and negligent driving and so the case can be tried by a magistrate and not a sessions court.
He said that 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.
The high court agreed with Salman that he had no knowledge that driving in a rash and negligent manner could cause death of persons. In order to invoke the charge of culpable homicide not amounting to murder, the presence of such knowledge was essential.
Salman is facing the charges under IPC sections 279 (rash driving), 337 (causing minor injuries), 338 (causing grievous injuries) and 427 (mischief causing damage). Besides, he has been charged with various offences under Motor Vehicles Act.
