Salman guilty in 2002 hit-and-run case

Bollywood star Salman Khan was on Wednesday convicted by a sessions court of culpable homicide for the death of a homeless man in a hit-and-run in 2002 and faces up to 10 years in jail. Sentencing is expected later in the day.

Judge D.W. Deshpande of the Mumbai court upheld prosecution charges that Salman, 49, was driving under the influence of alcohol and did not have a licence when he lost control of his Toyota Land Cruiser on the night of September 28, 2002.

Salman’s SUV then mounted the pavement outside a bakery in Bandra and drove over some people sleeping on the pavement. Four people were injured seriously and one died.

Salman had denied being behind the wheel, in spite of several witnesses testifying against him.

Salman, who has delivered some of Bollywood's highest-grossing films in recent years, can appeal in a higher court. The industry has around Rs 200 crore riding on him.

The court relied upon judgments in the Alistair Pereira and Nikhil Nanda BMW case of Delhi while convicting Salman.

It also asked what he had to say on the verdict to which he denied charges, saying he was not driving the car at the time of the accident.

As the court delivered the verdict, Salman had tears in his eyes and stood silently in the dock.

After the conviction, his lawyer began arguments on the amount of the punishment.

A tight security blanket was thrown around the court, where Salman's family including brothers Arbaaz, Sohail and sister Arpita Khan had arrived ahead of the verdict.

The case has seen many twists and turns. In 2012, a Bandra Metropolitan Magistrate who had conducted the trial under the lesser charge of rash and negligent driving, which carries a maximum punishment of two years, had slapped the more serious offence of culpable homicide and committed the matter to the sessions court.

The popular actor was tried afresh under the harsher charge of culpable homicide not amounting to murder, which is punishable with imprisonment up to 10 years.

While the prosecution had insisted that a drunk Khan was driving the Land Cruiser, the actor had claimed that it was his driver Ashok Singh who was behind the wheel. Singh has endorsed the defence's claim.

The defence had also argued that police had not obtained fingerprints from the steering wheel to find out who was driving the vehicle.

Prosecutor Pradeep Gharat has alleged that Salman was driving the vehicle after consuming rum at a bar, a charge denied by the actor, who said he had just a glass of water.

Nurullah Mehboob Sharif was killed in the accident. Kalim Mohammed Pathan, Munna Malai Khan, Abdullah Rauf Shaikh and Muslim Shaikh had been injured.

Activist Santosh Daundkar had filed an application accusing the police of giving false evidence under oath, by examining a wrong set of doctors to delay the trial by three years.

He had also questioned why singer Kamaal Khan, who was in the vehicle at the time of the accident, was not being examined by the police.

The actor has been charged under Indian Penal Code sections 304 part II (culpable homicide not amounting to murder) which attracts up to 10 years in prison; 279 (rash and negligent driving) which stipulates six months jail; 337 & 338 (causing hurt by act endangering life and causing grievous hurt respectively) with punishment up to two years, and 427 (mischief causing damage to property) with maximum punishment of up to two years.

He has also been charged under provisions of Bombay Prohibition Act relating to driving under influence of alcohol, which provides for maximum six months' jail.

Earlier Wednesday, Salman, wearing blue jeans and a white shirt, reached the civil and sessions court in South Mumbai from his Bandra residence with a posse of bodyguards in a white car.