An appeal by actor Salman Khan against a magistrate order invoking culpable homicide not amounting to murder in the 2002 hit-and-run case in which one person was killed and four injured would come up for hearing before a sessions court Monday.
The actor had not been summoned to appear before the court and the matter would be argued by his lawyers,sources said. The actor has contended the magistrate erred in invoking IPC section 304 part-II,offences under which are triable by a sessions court and attract 10 years imprisonment. He said the magistrate failed to appreciate that he had neither the intention (to kill people) nor the knowledge that his rash and negligent driving would kill. Earlier,Salman was tried by a magistrate for causing death by negligence (section 304 A) that provides for two years in jail.
After examining 17 witnesses,the magistrate concluded culpable homicide charge was made out against the actor and transferred the case.