Petitioner calls for witness Kamaal

In another development in the hit-and-run case against Salman Khan, lawyer Abha Singh on Friday demanded that the actor’s friend and singer Kamaal Khan, who was in the the vehicle when the accident took place, be summoned by the Mumbai sessions court for recording his evidence.

Singh, who represents petitioner Santosh Daundkar, a social activist, filed 25-page written arguments before additional sessions judge D W Deshpande, who is presiding over the retrial of the 49-year-old actor. The petitioner has sought perjury charges against police for not examining Kamaal Khan.

She also cited the Supreme Court judgement in the Rohtash Kumar versus State of Haryana, which has pointed out that a star witness cannot be dropped. “The judge can call a witness at any stage of the trial, if the witness is crucial,” she told Deccan Herald.
She said Kamaal was a crucial witness and had given his statement at the Bandra police station on October 4, 2002, that Salman was driving the car and on the actor’s left was police constable Ravindra Patil, the bodyguard attached to the actor, and he was sitting in the rear seat. While the police and prosecution have been insisting that there were three persons in the car (Salman Khan, Kamaal Khan and Patil), the defence has said that there were four persons in the car– the fourth being driver Ashok Singh.

“When Kamaal Khan’s statement was recorded by the police, he had stated that Salman Khan was driving, why was his name dropped from the list of witnesses….he was a star witness,” she said and added that she has included the Kamaal’s statement in the written arguments. “There were two persons besides  Salman Khan, that is Kamaal Khan and Patil, who had seen the accident….Patil has died….so, the examination of Kamaal Khan is more important at this stage,” she said.

“You (prosecution) are purposely not bringing the star witness….that he is in England cannot be a reason,” Singh said, pointing out that under Section 275 of the Criminal Procedure Code, he can be called as a witness and depose via audio or video-conferencing.

Singh, an IPS officer-turned-lawyer, pointed out that under Section 313 of the Criminal Procedure Code, the court can call a witness at any point of time for evidence or re-examination.
DH News Service