We are first to report the full text of Salman Khan Hit and Run Case Judgement in Full length. Mr. Sachin Vaze, Ex Cop of Mumbai, who runs a law firm in Thane City provided us the copy of this judgement.
IN THE COURT OF SESSIONS FOR GR.BOMBAY AT BOMBAY
SESSIONS CASE NO. 240 OF 2013
The State of Maharashtra (Bandra P. Stn. C.R. No.326/2002 ) ) …Complainant
Salman Salim Khan Age: 49 yrs., Occ. Cine Artist Add. Galaxi Apartment, B. J. Road, Bandstand, Bandra (W.), Mumbai. ) ) ) ) …Accused
CORAM : His Honour The Additional Sessions Judge Shri D.W. Deshpande (C.R.No.52)
DATE: 6th May, 2015.
Mr. Gharat, Special P. P. for State.
Mr. Shivade, Counsel for accused, along with Advocate Mr. Anand
Desai, Advocate Mr. Nirav Shah, Advocate Ms. Chandrima Mitra and
Advocate Mr. Manhar Saini i/b. M/s. DSK Legal.
J U D G M E NT
1. Accused Salman Salim Khan, famous Cine Actor, faced trial on the allegation that in the intervening night of 27.9.2002 and 28.09.2002 at about 02.45 a.m. drove Toyota Land Cruiser bearing No.MH¬01¬DA¬32 in a rash and negligent manner, under the influence of alcohol with knowledge that people were sleeping on the footpath in front of American Express Laundry, caused death of one person and also injured four others by running car over them and rammed the shutter of American Express Laundry punishable under Sections 304 Part¬II, 337,
338 of the Indian Penal Code and under Sections 134(A)(B) r/w.187, 181 and 185 of the Motor Vehicles Act, 1988.
1 The prosecution case against the accused is as under:¬
2 Complainant Ravindra Himmatrao Patil was deputed as a Body Guard of accused. He was having the duty hours from 08.00 p.m. to 08.00 a.m. He used to remain along with the accused as a part of his duty. On 27.09.2002 at about 08.00 p.m. Ravindra Patil joined his duty as a security person for accused.
3 On 27.09.2002 at about 09.30 p.m., the accused and his friend Kamal Khan came out side of the house as they wanted to visit Rain Hotel, Juhu. The accused was having vehicle Land Cruiser bearing no.MH¬01¬DA¬32 (for the sake of brevity, hereinafter referred to as the “said car”). The complainant Ravindra Patil, Kamal Khan sat in the car. The accused drove the said car. The car reached near Rain Bar and Restaurant. The complainant was asked to wait outside and the accused and Kamal Khan went inside the hotel.
4 Sohel Khan is brother of the accused Salman Khan. Sohel Khan was also having a bodyguard (PW¬6 Balu Laxman) at relevant time who met Ravindra Patil out side Rain Bar. PW¬6 Balu Laxman informed Ravindra Patil that Sohel Khan had also come there.
5 At about 01.30 a.m. the accused and Kamal Khan came outside the Rain Bar. From Rain Bar, the accused then started for going to J.W. Mariot Hotel. The accused was driving the vehicle. Complainant Ravindra Patil sat on the seat near driver’s seat. Kamal Khan sat on the rear seat. Then they went to J.W. Mariot Hotel. The accused and Kamal Khan went inside the hotel and complainant Ravindra Patil was waiting outside.
1 At about 02.15 a.m. on 28.09.2002 the accused and Kamal Khan came out from the hotel. The accused sat on the driver’s seat and complainant Ravindra Patil sat near driver’s seat. The said car came on St. Andrews Road. The accused was drunk and was driving the said car at the speed of 90 to 100 kilo meters per hour. St. Andrews Road and Hill Road joined at the junction. Prior to reaching the car at the junction of St. Andrews Road and Hill Road, the complainant Ravindra Patil informed the accused to lower the speed of the car in view of the right turn ahead. The accused did not pay any attention. The accused could not control his car while taking right turn and went on the footpath. The people were sleeping on the footpath. The said car ran over the persons sleeping on the foot path and climbed the three stairs and rammed the shutter of American Laundry. Thereby the said car broke the shutter and went inside about 3 and ½ feet.
2 The people on whose person the said car ran shouted and thereby other persons gathered. The people gathered surrounded the car. The people became furious because of the incident. Somehow the complainant, Salman Khan and Kamal Khan came out of the said car. The complainant Ravindra Patil showed his identity card and informed them that he is a police personnel, thereby the people were pacified.
1 The accused Salman Khan and Kamal Khan ran away from the spot. Complainant Ravindra Patil saw one person seriously injured beneath the said car having multiple injuries and also there were four injured persons below the car. Control Room was informed. Within 5 minutes, Bandra police arrived. The police rescued the injured persons and dead body of Nurulla was removed from beneath the car. The injured were sent to Bhabha Hospital.
2 PW¬26 Rajendra Kadam received a telephone call from an unknown person at about 02.45 a.m. on 28.09.2002 about the incident. He immediately came on the spot with police. He saw one Land Cruiser vehicle rammed into the shutter of American Express Laundry. The Police Inspector Pardhi and staff also arrived on the spot. Ravindra Patil was also present on the spot. A crane was called to lift the vehicle in order to remove the person lying beneath the car.
3 PW¬26 Rajendra Kadam drawn spot panchanama (Exh.28) in presence of PW¬1 Sambha Gauda. The spot was shown by the complainant Ravindra Patil. PW¬26 Kadam seized the articles lying on the spot i.e. fiber glass, bloodstained soil, name plate, pieces of broken glass, sample of colour scratch of shutter of American Express Laundry. PW¬26 Kadam also opened the doors of the vehicle and took out the papers of the vehicle as well as the key. The articles came to be seized and sealed and also label having signatures of panchas and PW¬26 Kadam was also affixed.
1 PW¬26 also made inquiry with the complainant Ravindra Patil who is eye witness to the incident. He recorded the complaint of complainant Ravindra Patil (Exh.P¬1).
2 In the incident, Nurulla was expired and PW¬2 Muslim Shaikh, PW¬3 Mannu Khan, PW¬4 Mohd. Kalim Iqbal Pathan, PW¬11 Mohd. Abdulla Shaikh were injured in the incident. Abdulla and Muslim Shaikh sustained grievous injuries. Mannu and Mohd. Kalim Pathan sustained simple injuries. The dead body of Nurulla was sent for postmortem.
3 The postmortem report (Exh.20) was admitted by defence as well as injury certificates of the witnesses Abdulla Rauf Shaikh, Kalim Mohd. Abdul Pathan and Muslim Niyamat Shaikh are also admitted by the defence (Exh.21, Exh.22, Exh.23 respectively). In the evidence of Investigating Officer PW¬27 Shengal, exhibits were given to injury certificates of Kalim Mohd. Pathan (Exh.151), Munnabhai Khan (Exh.152), Abdul Rauf Shaikh (Exh.155) and Muslim Shaikh (Exh.156) being admitted by defence.
4 PW¬26 Kadam recorded statements of Abdul and Muslim. The offences u/s.304¬A, 279, 338 of the IPC and u/s.134 of the Motor Vehicles Act were registered. PW¬26 Kadam also drawn map (Exh.143) of the spot of incident in presence of complainant Ravindra Patil.
5 PW¬26 Kadam also visited Galaxi Apartment where the accused was residing, but he was not found. The spot of incident was at the distance of 200 meters from the house of the accused. The investigation was then entrusted to Police Inspector Pardhi.
1 On 29.09.2002 PW¬19 Rajendra Keskar, RTO Inspector, inspected the vehicle and submitted a report (Exh.84). No mechanical defect was noticed in the vehicle.
2 PW¬27 Kisan Shengal was working as a Senior Police Inspector in Bandra Police Station. PW¬26 also informed him in the early hours of 28.09.2002 about the incident. Immediately PW¬27 Kisan Shengal came to the police station and while coming to the police station, he visited the spot of incident. P.I. Pardhi already deployed bandobast on the spot.
3 PW¬27 Shengal proceeded to Galaxy Apartment to search the accused, but he did not find the accused in the house. PW¬27 received a secret information about visit of the accused at the house of his Advocate in Almeda Park. Accordingly, the accused was traced out in the house of Advocate Mr. Jamir Khan. The accused was taken in possession and brought in the police station where arrest panchanama was drawn at about 11.00 a.m. The accused was then sent to Bhabha hospital for medical examination and also for blood sample along with PSI Suryavanshi and police staff. Suryavanshi informed PW¬27 that in Bhabha Hospital there is no facility for collecting the blood sample. The accused was then sent to J.J. Hospital at about 01.30 p.m. along with Suryavanshi, PSI Salunkhe and police staff. Blood sample of Salman Khan for alcohol was taken by PW¬20 Dr. Shashikant Pawar. The sealed envelop containing the blood sample of Salman Khan was then brought to the police station. As there was Saturday and Sunday, PW¬27 kept the blood sample in fridge. The accused was also released on bail. PW¬27 Shengal also demanded licence from the accused. No licence was produced. Offence u/s.3 r/w.181 of the Motor Vehicles Act also registered against the accused. Police Inspector Pardhi also recorded the statements of witnesses. PW¬27 Shengal also investigated the address of the registered owner from the xerox copies of the documents found in the car. The vehicle was registered in the name of Mohd. Abdul Rehman, resident of 55 Shivkrupa Building, L.J. Road, Mahim, Mumbai, but the address was found false. The statements of Amin Kasim Shaikh, Ram Suresh Ram Lakhan Sonkar, Sachin Gangaram Kadam and others were also recorded. PW¬27 Shengal also recorded supplementary statement of complainant Ravindra Patil on 01.10.2002. He sent letter to C.A. on 30.09.2002. The team of Forensic Laboratory inspected the vehicle and took some scrapings from the vehicle as well as collected the samples from the spot and also incriminating material. PW¬27 Shengal sent the samples to the C.A. He also sent the blood sample of the accused to C.A., Kalina, on 30.09.2002 through Constable PW¬21 Borade.
20. PW¬27 Investigating Officer Shengal also recorded statement of Ram Adhar Pandey on the spot. He also visited J.W. Mariot Hotel and Rain Bar Restaurant, Juhu. He also recorded statements of Anurudha Subroto Nandi, Wilfred George Kutti and others. PW¬27 also recorded statements of PW¬9 Rizwan Ali Rakhangi from Rain Bar and PW¬5 Malay Bag, waiter from Rain Bar. PW¬27