Happy New Year Bollywood

Even in acquittal, the drama did not cease. On Thursday, Salman Khan, busy with his upcoming film Sultan and waiting to hear from his lawyers the verdict in his appeal against conviction, did receive a call, but one that summoned him to the Bombay high court.

Justice A R Joshi, who had for three days been dictating his judgment, announced 11am that a new law requires the actor's presence on the day of the judgment, one that "is now only for formal pronouncing."

The actor had challenged his conviction and five-year sentence for culpable homicide not amounting to murder for the death of one labourer and injuries to four when his car rammed into a Bandra bakery on September 28, 2002.

Salman's counsel Amit Desai said it would take him a couple of hours to come, but security would have to be beefed up. The judge said he'd take care of that aspect. The actor arrived at 1.30pm. The judge walked in five minutes later and at 1.36pm ended Khan's wait as he stood in the dock with the pronouncement, "Appellant accused is acquitted of all charges."

"In summing up on broader aspects as to driving and drunkenness prosecution has not brought material on record which spells out case against accused, " said the judge, adding that "almost the entire evidence is circumstantial, except for Ravindra Patil's evidence" which was "weak."

Salman wept on hearing the verdict and left the court around 4.40pm after executing a bail bond of Rs 25, 000.

While sessions court judge D W Deshpande had in May held Patil to be an "impartial witness" whose testimony he accepted as clinching, the HC judge held Patil to be "not a wholly reliable witness" and faulted the sessions court for accepting Patil's lower court deposition before his death in 2007 during the trial against Salman then for a lesser charge. The magistrate had in 2011 sent the case for trial on a graver charge of culpable homicide not amounting to murder that attracts up to ten years' jail and the sessions court had begun the trial de novo.

As a partially reliable witness whose evidence would require corroboration, the HC held the prosecution had failed to gather anything cogent or substantial.

Chief public prosecutor Sandeep Shinde, said the judge, has raised three issues to be looked at: "whether Salman Khan was driving, and whether he was drunk or whether it was a 'pure and simple' accident." Senior counsel for the actor Amit Desai had argued that "the investigating agency was bent on collecting evidence to establish charges of drunkenness and driving" and that testimony of witnesses was "fabricated to suit the prosecution case."

The HC judge didn't accept application of the Alastair Pereira judgment or principles from the Sanjeev Nanda verdict to this case and said "in each case of drunken driving and causing death, Section 304-II of IPC may not be applicable."

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