Salman "Bhai" Khan's Hit & Run Case Discussion

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Technically this is involuntary manslughter which would get you a lower quantum than voluntary manslaughter which in turn would attract a lower quantum than premediated murder
Given that a typical premediated murder would get you a lifer , the former should get a 10 perhaps and the first (which is what Salman is guilty of) would get a 2-5 yrs depending on the circumstances
By that token , I'd say 5 is on the harsher side rather than lenient (unless someone thinks that this falls under the same category as say planning and murdering someone so that you stand to gain from that death)

It is not a premeditated murder, but its still nothing short of it because that is what drunken driving is.

A person who is eligible to be given a license to drive is implicitly considered to be reasonable enough to have the good judgement to know that driving drunk can endanger lives and that he will not drive when he is drunk or that he will not drink when he intends to drive. So, when you drunk drive, it means that you were prepared to kill somebody through yours actions.

Salman was changed under Sec 304-II which says

A person, responsible for a reckless or rash or negligent act that causes death which he had knowledge as a reasonable man that such act was dangerous enough to lead to some untoward thing and the death was likely to be caused, may be fastened with culpability of homicide not amounting to murder under Section 304 Part II.

This section allows for prison sentence of up to 10 years

As per the story,

1. He did not even have a valid license to drive at the time and a driver was supposed to drive him.
2. He got drunk and chose to drive under the influence without having a license and despite being given advice to wait for the driver.
3. He did not merely ran over people who happened to be sleeping on the road side as the people trying to garner sympathy for Salman are making out to be. These victims were on the steps of the bakery where they worked. He ran his vehicle up the steps and basically rammed his vehicle into the bakery causing injury and death. This could have been any anybody anywhere on that road whether awake or sleeping.

His reckless and negligent actions (driving under the influence of drink and without license) lead to the death of a person and injures of others.

Tell me why he does not deserve the full 10 years imprisonment stipulated under the Sec 304-II.

Other offenses.

1. Lying under oath.
2. Forcing his driver to lie under oath.
 
All those bhaitards probably haven't heard the Hindi proverb "sau chuhe khake billi hajj ko chali", i personally feel all that Being Human nonsense is PR propaganda.
 
This is the problem with the judicial system here. Criminals and lawyers are easily able to twist and turn things that are so crystal clear here.
Only problem i can see is it took 13 years to secure a conviction whereas in the west it would have taken how long 2 or maybe 3 years. Fine, we did it in the end.

Judgment should not be a case of whether somebody agrees or disagrees. It's about what is right and wrong.
Actually no, its about what you can prove. period, the end, full stop.

There is no right and wrong its about balance. The scales of justice.

If 1000 people would start supporting a criminal. And the criminal have money to spend then all the lawyers and system machinery gets into the process of justifying the accused by whatevr means possible. They then prepare a complete list of stats, files, past cases in favour of the accused.

That people then quote as evidence and use it to justify your motives.

People are not as stupid as you consider them to be. We all know it was salman that was driving the car under the influence of alcohol and not his driver. We also know who bribed the driver to say otherwise.
You seem to be implying that he 'bought' this sentence. Our courts are corrupt. Won't wash with me.

I'm surprised he could not get some proxy to take the fall for him. Because there are any number of people more than willing to do just that if their family is looked after.

But, look at the irony. Inspite of all the fraudulent evidences that the defendant tried to put up. Your sympathies still lies with the accused and not the victims. We also know that every part of the judicial system that was even remotely connected to this case was buttered and oiled by yours truely salman. And hence the numerous pages report came in to existence that so cleanly justified his actions and surprisingly enough took his name from more severe sections to simpler law sections.
I don't have any sympathy for Salman, don't know him well enough for that. all i did was quote what passed abroad.

So do you still think that people would beleive the files you would throw at them in justification of the accused?
Sorry people are not as gullible as you think they are.
Are you going to read the judgement or not ?

I don't subscribe to media trials nor justice by the mob.

The guy was consumed alcohol intentionally. He even drove the car intentionally inspite of knowing that it's dangerous to drive the car under alcohol influence. He intentionally put the lives of other people in the car and outside at risk. This all concluded into the death of 4 innocent poor lives.
The last part was the only result that could have been possible by all the previous actions. It could not have ended otherwise.
no different to talking on a phone and doing the same. something that is more likely to happen to either your or me than getting run over because we slept on the street.

So, do you still think it was non intentional? The end result is always related to the actions you have taken to start it. If your actions are wrong the result is also bound to be wrong. So it was completely intentional on his part. Only the result happened as a consequence.

I am not amazed why the victims lawyer didn't even tried for harder sections. Poor people in this country dont get justice because of poverty and secondly because of Hippocrates.
They did, they wanted to get him tried under harsher strictures. The only reason this case got so far was because some activist pushed for it. I don't know what you are upset about. You got a conviction. That is a big deal already.
 
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Today was a bad day for judiciary, I would suggest everybody to stop watching his films and programs, Stop using "being human" products and stop using any products endorsed by him.

Now i personally feel that in-case we are the victims of any crime then it would be better to even the matter out of court rather than approach our legal system.

It is our judiciary's failure which is why all powerful politicians and criminals like kalmadi, raja, kannimozi are roaming scot free and enjoying a leisure full life on out tax money.
 
A person who is eligible to be given a license to drive is implicitly considered to be reasonable enough to have the good judgement to know that driving drunk can endanger lives and that he will not drive when he is drunk or that he will not drink when he intends to drive. So, when you drunk drive, it means that you were prepared to kill somebody through yours actions.
Let me draw a corollary - and anyone posting on this thread , please raise your hands if not guilty of it
So you are driving from point A to B in a traffic laden city like a Mumbai or a Bangalore - And you see an empty stretch of road an take your eyes off the road to see which google maps traffic overlay is less congested (or to check a text or a missed call or whatever)
Does that not impact your judgment and God forbid if an accident were to happen , does that mean "you were prepared to kill somebody through yours actions."
Isn't The above is akin to impaired judgment which is what we are talking about here

Please note that I am not condoning what happened, all i am trying to say is while the gentleman in question is probably worthy of the sentence he got - Yet the fact remains that before we judge that individual, have we looked at our own choices and actions?
 
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I remember one of my relatives....hit a guy..against the wall while he was driving. He got nervous. Instead of the brake he pressed the race. Full on. The person was scrapped quite a few meters, pinned to his car. He was tried for manslaughter or something. Did some years inside.
 
Let me draw a corollary - and anyone posting on this thread , please raise your hands if not guilty of it
So you are driving from point A to B in a traffic laden city like a Mumbai or a Bangalore - And you see an empty stretch of road an take your eyes off the road to see which google maps traffic overlay is less congested (or to check a text or a missed call or whatever)
Does that not impact your judgment and God forbid if an accident were to happen , does that mean "you were prepared to kill somebody through yours actions."
Isn't The above is akin to impaired judgment which is what we are talking about here

Please note that I am not condoning what happened, all i am trying to say is while the gentleman in question is probably worthy of the sentence he got - Yet the fact remains that before we judge that individual, have we looked at our own choices and actions?
Let me too draw a corollary for you to understand. What if a fully grown person starts playing with a loaded gun while being drunk. He points the gun towards different people just to intimidate them. Out of mistake/carelessness the trigger is pressed. What would you call that:
A murder or a mistake?

Salman was drunk. He had the weapon(his car). He was driving it on the roads furociously. Which resulted in losing his control of the car thus killing 4 people.
Now, what do you say. Was it a murder or a mistake?
Answer carefully, thinking that you or any of your family member could have been in front of this drunk maniac weapon.
 
Law is about interpretation. A momentary lapse (such as taking your eyes off the road to check gps) is going to be treated differently than an action such as driving drunk. The court will take such things into account.

Which is why, every now & then, a law is criticized for being draconian when the court is restricted in its interpretation of the law, & has to go strictly by the book.

In the present case, the court has relied on the evidence of Ravindra Patil who had stated that he had warned SK about driving drunk. So in addition to the conscious, deliberate decision of drinking & driving (which is different than a momentary lapse), SK also did not heed the warning.

The court has thus decided that this falls within the purview of 'culpable homicide not amounting to murder'.

Like I've already said at the beginning, law is about interpretation. So it may very well be that the higher courts may interpret it differently, & state that the offence cannot be applied (even if they do accept the testimony of RP).
 
Let me draw a corollary - and anyone posting on this thread , please raise your hands if not guilty of it
So you are driving from point A to B in a traffic laden city like a Mumbai or a Bangalore - And you see an empty stretch of road an take your eyes off the road to see which google maps traffic overlay is less congested (or to check a text or a missed call or whatever)
Does that not impact your judgment and God forbid if an accident were to happen , does that mean "you were prepared to kill somebody through yours actions."
Isn't The above is akin to impaired judgment which is what we are talking about here

Please note that I am not condoning what happened, all i am trying to say is while the gentleman in question is probably worthy of the sentence he got - Yet the fact remains that before we judge that individual, have we looked at our own choices and actions?

Sorry, That is not called impaired judgement. Impaired judgement is when some cloth comes flapping out of nowhere and covers your windshield and there by resulting in you loosing control of your vehicle all of a sudden. Its not a an accident when you decide to check your missed calls while driving at 60 or 70 Kmph and hit somebody on the road. You set yourself up for that to happen.

If someone is deliberately putting themselves in situations that result in your so called "impaired judgement", then it is not "impaired judgement" at all and they shouldn't be driving and neither do they deserve a license to drive. It applies even if they are sober. If they are looking at a google map or mobile phone is distracting them from paying attention to the road and hitting somebody, then they shouldn't be doing it while driving. If they are still doing it, then it definitely means that they are aware that their actions can hurt or kill others, but you still go though with it out of indifference.

I see this all the time in Hyderabad. Women drivers particular keeping texting or posting on facebook and doing other stuff that distracts them from the road and they regularly hurt people and often kill them. Whether or not they really intended to hurt others or not doesn't matter here. but the fact remains that they were indifferent about setting themselves in a situation that would result in injury or death of themselves and others.

As for actions done while drunk, there simply is no excuse for it. If you decide to get drunk enough to lose control of yourself, then it is you who are responsible for that situation. Personally, I would say that deserves even more punishment than normal because they put themselves in that situation and God knows what kind of morons in our judiciary decided that it is a fine excuse to be used reduce sentences.

If somebody rapes and murders a girl, he might get sentenced to life. But the guy who raped two women and brutally murdered them by knifing them over 80 times and then bragging about it to friends the next couple of days get a considerably lighter sentence because some morons in our high courts came to the conclusion that he happened to be a bit drunk when the crime was committed while ignoring the fact that he bragged about it when sober.

If actions done in a drunken state are to be considered "impaired judgement", then what about the fact that people get drunk when they intend to commit murder in cold blood?
 
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It's a poor judgment, even the further prosecution of the driver wasn't advised.
Good for Salman , otherwise he would have been next in line to cry "Intolerance".
 
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