A sessions court conducting the 2002 hit-and-run trial involving Bollywood actor Salman Khan on Thursday said that before giving the judgment in the case on May 6, it would decide on the same day an application seeking action against police for perjury (giving false evidence).
Khan is facing charge of 'culpable homicide not amounting to murder' after he allegedly rammed his Toyota Land Cruiser into a bakery shop on September 28, 2002, in suburban Bandra killing one person and injuring four others who were sleeping outside.
The application, filed by activist Santosh Daundkar, seeks perjury action against police for not examining eye witness Kamal Khan, the Bollywood singer, who was in the car along with the actor and his police bodyguard Ravindra Patil.
It also alleges that a wrong set of doctors were examined in the court by police who said they had conducted postmortem of the deceased, thereby delaying the trial for three years in a magistrate's court.
By not examining witness Kamal Khan, police had tried to cover an important piece of evidence which might have thrown light on who was driving the car at the relevant time, said lawyer Abha Singh, who argued for the applicant.
Judge DW Deshpande asked the lawyer to submit written arguments on Friday which he would consider before deciding the application for perjury.
"Under section 344 of CrPc, if the court finds that perjury has been made out, it can issue show cause notices to the concerned parties and hear them before passing orders. In the alternative, the court may also dismiss the application if perjury is not proved," Abha Singh said.
The lawyer said that Kamal Khan, the singer friend of Salman Khan, was in the same car when the accident occurred.
He had given a statement to police on October 4, 2002, that Salman and his bodyguard Ravindra Patil were in the front and he was sitting behind. However, there is no mention of Salman's driver Ashok Singh in his statement.
Significantly, the actor has taken a plea in the court that his driver Ashok Singh was driving the car and not he when the mishap occurred. Even Singh testified as a defence witness that he was driving the car at the relevant time.
"I am going to submit a copy of this statement of Kamal Khan to the court tomorrow (Friday) along with my written submissions," she said after the hearing.