Actor Salman Khan’s lawyer told the Bombay high court, on Thursday, that nobody disputed Kamal Khan was not there in the car at the time of the 2002 hit-and-run accident and yet the prosecution did not summon him.
A single bench of justice AR Joshi was hearing the actor’s appeal against the five-year conviction by the sessions court in May this year.
Salman’s lawyer, senior counsel Amit Desai, said Kamal was there at the time of the accident and he was an eyewitness.
He said when nobody disputed this, why wasn’t he summoned by the prosecution? He said the prosecution did not feel the need to summon Kamal.
Desai said if Salman’s bodyguard, constable Ravindra Patil, is the prosecution’s star witness, then why wasn’t he their first witness?
He also said all according to the testimony of an investigating officer, the contents in the FIR are correct, but the FIR has not been exhibited.
Desai further said according to Patil’s testimony, he had interrogated the actor’s driver Ashok Singh, yet it is said he surfaced after 13 years.
He also went on to say that according to a witness at one of the bars Salman had visited that night, there were four witnesses, including the actor and Patil, in the car.
Desai brought to the notice of the court the victims were not taken to Holy Family hospital, which is closest to the spot of the accident because it is a private hospital and instead taken to Bhabha hospital.
They were then taken to JJ Hospital because Bhabha hospital did not have a blood collecting and testing facility.
The matter has been adjourned for August 7.
Salman was sentenced to five years’ rigorous imprisonment on May 6 for running his SUV over pavement dwellers in Bandra, killing one person and injuring four others in September 2002.