Salman Khan Hit and Run Case Starts Again

The high court is presently hearing the 49-year-old Salman's appeal against the five-year sentence awarded to him on May 6 by the Mumbai Sessions Court. Salman Khan is presently on bail granted by the High Court. According to him, in the Pereira case, alcohol bottles were found next to the driver's seat, while in Nanda's case, he ran away.

"Prosecution failed to discharge its duties before the trial court to produce the only surviving witness who could unfold the entire narrative of the present case and has failed to suggest that examination is imperative for administration of fair trial", reads the application. But the defence claims that Ashok Singh was driving the vehicle, Salman was seated to the left and Kamaal Khan was seen in the back seat.

The prosecution will commence its arguments by 17th November, 2015. Reiterating that Salman Khan was driving the Toyota Land Cruiser Lexus, the prosecution on Wednesday said that the actor's friend Francis Fernandes, who was at the spot of the accident, had not seen Ashok Singh, who during the fag-end of the trial, had admitted that he was at the wheels of the SUV.

Accordingly, Khan's case could not be tried under section 304 II, culpable homicide not amounting to murder, but could be looked as a rash and negligent act.

He added, "The Trial Court should have thought about drawing an adverse inference against the prosecution for not questioning an eyewitness. Instead, in its judgment, the Court tried repeatedly to bolster Patil's statements without ever trying to corroborate the same by questioning Kamaal Khan".

The defence, while concluding its arguments had also filed an application seeking requesting court to call singer Kamaal Khan to court as a witness to prove who was driving the {car | {vehicle \ auto}} at the time of incident.

Mr Desai also contended that the prosecution told the trial court that Kamaal was worldwide and not available for testifying, but it made no efforts to bring the singer to the court, and it should explain this. Kamaal Khan was listed as a witness in the Bandra Magistrate's Court.