Posted:
Originally posted by: shefali_123
Reemaji,Man you are funny , if you know Indian law you will know that there is no such thing as "pardon" for the cases Salman is involved in which is what you said in your posts earlier. You should know that he has pleaded " not guilty" to all charges.The police first charged him with " negligent driving" ( sec 304(a)) but after all the hoopla in the media he was charged with " culpable homicide not amounting to muder" ( sec(304(2)) and was being tried in a Sessions court. Salman appealed for dropping of the more stringent charges and the High Court felt that he should be charged only for negligent driving. The trial started in a Magistrate's court in Bandra and the prosecution appealed to the Supreme Court for applying the more stringent charges. The Supreme Court said that since the trial has started let it continue there and if the Magistrate finds any evidence on record to suggest he committed the more stringnent crime, the magistrate has the power to refer the case to the Sessions Court.sec 304(a) - negligent driving for which the max sentence is 2 years and the minimum is a fine.sec 304 - culpable homicide not amounting to murder for which max is 10 years and min is again a fine or he can get a sentence as well as a fine.If he was charged with the latter at any stage of the trail the case would have automatically gone to the Sessions Court because a section where the maximum sentence is more than 7 years cannot be tried in a Magistrate's Court where the trail is on now and infact I read an article the other day in deccan chronicle after Sanjeev Nanda was given 5 years in the BMW case that the prosecution has finished with its witnesses and the defence will be bringing in its witnesses now.The constable's statement was always there, its nothing new but the constable in his cross-examination has said that he is not sure whether Salman was drunk and what was the speed of his car. Plus he admitted to giving an interview to midday the very next day of the accident saying Salman tried his best but there was mechanical failure as in the steering wheel got stuck, without any pressure or force from anyone. The judge asked him twice after he admitted to giving the interview " really, you gave it? " .Infact the FIR registered by the same constable has no mention of him being drunk or driving rashly, it only says that while he was taking a right turn he lost control of the vehicle.And if the prosecution had indeed made such an appeal to the Supreme Court the trial could not have proceeded in the magistrate's court in Bandra and other witnesses could not have deposed. Many other witnesses have deposed and many have been dropped.No sorry Salman has not approached the victims because for a very long time noone knew where they were and they have gone back to UP and did come and depose in the court after the summons were sent to them.About the compensation some NGO's did go to the High Court demanding Salman be put in mental assylum and many other things. During a hearing on their petition the High Court asked Salman's lawyer whether he is ready to pay compensation which we will reward. His lawyer readily agreed to it. The High Court passed an order declaring that Salman deposit 19 lakhs( I got the figure wrong earlier) in the court as deposit. This is the FINAL compensation amount.Out of this 10lakhs is for the victim's family.3 lakhs each to the two guys who fractured their legs and are now ok.1.5 laks each to the other 2 who sustained minor injuries.The compensation money has still not reached the victim's family and is caught in redtape.And the rest of their petition as in sending him to mental assylum was dismissed by the High Court.Yes I know that Salman or his family or his lawyers cannot approach any of the victims because they are the witnesses in the case. But when the accident took place the media went on and on as to why Salman was not trying to reach out to them , so his lawyer had said at the time that he cannot as per the law even though he wants to emotionally but is ready to give any amount in compensation if the courts order which eventually he did.About poaching, even I know many facts about this case, how the main witness Harish Dulani ( the driver) changed his statement in court 3 times and Salman's lawyers could not even crossexamine him( right of the accused) because he ran away from court the moment he saw Salman's lawyer approaching the premises and has since then not responded to any of the summons sent by the court to him.He later appeared on national television ( aajtak and zeetv) just before Salman's verdict and said that he wasnot the driver of the gypsy and that the Rajasthan police beat him up and tortured him to give a statement against Salman and that he has not seen Salman or anyone hunting. This was in 2006 that he came out of hiding and has again disappeared.The Jodhpur court has even asked to register a case against Harish Dulani for changing his statements thrice during trial which amounts to lying under oath.And how a liar's statement ( read Harish Dulani) was used to convict him that too without giving Salman's lawyers a chance to crossexamine him.There are many other inconsistencies in the prosecution evidence like the DNA report is totally botched up and many other things which I donot wish to get into.And yes I live in Mumbai and I have studied law and have much more facts with me and knowledge of law than your media collected erroneous facts.You are only seeing what you want to see , erroneous media reports who are themselves unaware of law and feed the public mind with sensationalism.And please no need to argue with me or give me more facts because they are not facts at all but what you want to happen or think has happened.PSsec 279 is when you injure( not death) a person by your rash driving for which the max sentence is six montns and min is fine. Its not 2 years to 7 years.Goodbye.😆
I have read what you have posted more than 3 times to make any head or tail out of it. But I cant. You have absolutely no idea what is happening in this case.
Firstly, when I say 'pardon' i have put it in layman terms. He has filed a petition through his lawyers stating that his case is of negligent driving and the case be dismissed as he is willing to pay the compensation.
He has pleaded NOT GUILTY to the charges of CULPABLE HOMICIDE but he has not pleaded not guilty for 'NEGLIGENT DRIVING', which he has admitted to and hence paid the compensation.
With regards to your Supreme court theory, you have the 2 cases mixed up badly ! He has approached Supreme court in the poaching case but in the Hit and Run case, the matter is in sessions court with petitions from both sides filed in the BOMBAY HIGH COURT.
I have said time and again, that it was the court that ordered to pay the compensation and it was against a PIL filed by an individual. There was no NGO involved in this.
Now coming to section 279, well what you have quoted a max of 6 months would have been correct more than 10 years ago ! Section 279 was about "driving a vehicle in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment" however section 279 earlier never commented on a person dieing due to Negligent driving, it spoke only of causing hurt or endangering. There was another section called 338 & 337which deal with it. 338 (causing grievous hurt by an act endangering the life or personal safety of others) and 337 (causing hurt by an act endangering the life or personal safety of others) of the IPC. Now when ever you have a person killing during an accident, it is never 279 which is applied but all 3 sections are applied. Primary being 279. There have been over 100 cases at various high courts where Judges have given Jail upto 7 years, under 279 with conjunctions of 338 & 337. Both of these apply on the Salman Khan case.
Even Alistair Pereira was given 3 years RI based on the same sections and subsections. Infact now a PIL is filed asking why not 7 yr ?
I wish you were here in Mumbai and could visit me, I would have to taken you to our library which would give you all the info and case histories, or even better if we could have gone to the sessions court.
As of now, the prosecution lawyer, Satish Maneshinde has filed the petition in the High court that they have added evidence in terms of the witness reports and medical reports, in view of which the case of CULPABLE HOMICIDE is applicable.
Even the constable had given a statement in front of a MAGISTRATE that Salman was drunk and driving rash inspite of his warnings. When the time came to come to court, he mysteriously disappeared. Obvioulsy he was BOUGHT by the obnoxious criminal. There was no question of torturing a Cop and plus he gave statement on his own will in front of a magistrate. It only shows that now that he has made lakhs of money from Salman khan, he does not mind getting suspended from duty or facing a small jail term as he lied under oath.
PLEASE GET YOUR FACTS RIGHT. If you want I can personally take you to the sessions court and we can ask for the petitions under the RTI act. It will take only a few hours.
As far as the poaching case goes, well the case is open and shut if it was anyone else, coz there were more than 30 witnesses. The name which you throw in of the driver is again a BOUGHT WITNESS. He had recorded his statement again in front of a magistrate and these was no question of any torture. It is obvious that salman to save his posterior is trying his best to buy the witnesses.
After killing endangered species the so called hero was found running with his tail between his legs !!!
If I ever open up on the poaching case, my replies will run into pages and hence I am restraining myself.
I had written to you in PM that we should continue this discussion via pm so that others are not bothered and the discussion thread goes back on track. Obviously, you have ignored it and not replied, instead you are wanting to save your heroes based on Non-factual statements.
For you he may be your idol or Hero but for me he is a criminal and belongs in Jail.
