SALMAN SALIM KHAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival arguments on this application preferred by the appellant/original convicted accused during pendency of his appeal. Present application is preferred for directions to be given by this Court under Sec. 391 of Cr.P.C. for recording of the evidence of one witness by name Kamal Khan.

(2.) In order to have proper perspective of the circumstances under which this application was made by the appellant/accused, certain factual position regarding the case against the appellant and his conviction for the particular offences and the nature of evidence brought against the applicant -appellant before the Sessions Court, can be summarized as under:

(3.) Without going into much details, suffice it to say that the present applicant -appellant was tried for various offences including the main offence punishable under Sec. 304 Part II of IPC. Other offences are punishable under Ss. 338, 337 of IPC and under Sec. 134 read with Sec. 187, U/s 185, U/s 3 read with Sec. 181 of Motor Vehicles Act. The said trial in Sessions Case No. 240 of 2013 ended in his conviction and the appellant -accused was sentenced to suffer RI for five years for the major offence punishable under Sec. 304 Part II of IPC. It is pertinent to mention that factually the earlier charge was mainly for the offence under Sec. 304 -A of IPC when initially the matter was taken before the concerned Metropolitan Magistrate's Court, Bandra and this has arisen out of the incident which happened at early hours of 28.9.2002 wherein allegedly the present appellant -accused drove the motor vehicle Toyota Land Cruiser in rash and negligent manner and under influence of alcohol and rammed the said motor vehicle on the shutter of American Express Laundry situate at the junction of St. Andrews Road and Hill Road, Bandra (West). One person died and four were injured in the said incident.