Mumbai, Apr 24: After a Sessions Court conducting the 2002 hit-and-run trial involving Bollywood actor Salman Khan fixed May 6 to decide the actor's fate, a lawyer has questioned about why was actor Kamal Khan not examined as prime witness despite his presence in the vehicle.
Advocate Abha Singh, who represents an activist who alleged "perjury by the police'' in the 13-year-old case, wondered why such an "important eye witness'' Kamal Khan was left out completely.
Singh has said that she would submit a written submission on Friday showing police had recorded Kamal Khan's statement where he had said that Salman was in driver's seat.
During trial, Salman's advocate Shrikant Shivade said statements of witnesses who deposed shows that the the actor was sitting on the passenger's seat in front and Kamal Khan was behind him diagonally behind the driver.
By not examining witness Kamal Khan, police had tried to cover an important piece of evidence which might have thrown light on who was driving the car at the relevant time, said lawyer Singh, who argued for the applicant.
On May 6, action will also be taken on an application seeking action against police for perjury (giving false evidence) by Sessions Court conducting the trial in Salman's case.
The court said that before giving the judgement in the case on May 6, it would also decide on the action to be taken against police for perjury (giving false evidence).
Khan is facing charge of 'culpable homicide not amounting to murder' after he allegedly rammed his Toyota Land Cruiser into a bakery shop on September 28, 2002, in suburban Bandra killing one person and injuring four others who were sleeping outside.
The application, filed by activist Santosh Daundkar, seeks perjury action against police for not examining eye witness Kamal Khan, the Bollywood singer, who was in the car along with the actor and his police bodyguard Ravindra Patil.
It also alleges that a wrong set of doctors were examined in the court by police who said they had conducted postmortem of the deceased, thereby delaying the trial for three years in a Magistrate's court.