New Delhi: A man, who was injured in the 2002 hit-and-run case involving actor Salman Khan, today moved the Supreme Court challenging the actor's acquittal by the Bombay High Court.
The special leave petition (SLP) sought setting aside of the high court judgement and a direction to the 50-year-old actor and Maharashtra government to pay compensation for survival of petitioner Muslim Niyamat Shaikh and his family.
The main petition filed by the Maharashtra government challenging his acquittal is listed for hearing tomorrow before the top court.
The petition filed by the injured man alleged that the high court has wrongly acquitted Mr Khan by "ignoring the material points with regard to the statement of the petitioner before the police and the trial court" which had sentenced him to five years rigorous imprisonment.
"The judgement of the high court also suffers from other infirmities and errors and the respondent (actor) needs to be punished for offence of culpable homicide under section 304 Part-II of the IPC," it said.
The petition said the high court was not justified in not attributing knowledge on the part of Mr Khan in driving the vehicle at a fast speed and under the influence of liquor and treating it as a pure and simple accident and not considering it a case of culpable homicide not amounting to murder under section 304 Part-II of the IPC.
The Maharashtra government has already challenged Mr Khan's acquittal and sought restoration of trial court's decision.
It has said that among the errors committed by the high court was non-consideration of evidence of complainant Ravindra Patil, former police bodyguard of Mr Khan, in its "proper perspective".
The family members of a man who was killed in the incident has also challenging the actor's acquittal by the high court.
The high court, in its verdict passed on December 10 last year, had held that prosecution had failed to prove "beyond reasonable doubt" that the actor was driving the vehicle at the time of the accident and was drunk.
The high court judgment had come on an appeal by Mr Khan, seven months after he was pronounced guilty by trial court of running over five people sleeping on a pavement outside a laundry in suburban Bandra with his Toyota Land Cruiser, killing one and injuring four others on October 28, 2002.
On May 6 last year, a sessions court had convicted Mr Khan in the case in which one person was killed and four others injured after his vehicle crushed them when they were asleep on a pavement.