DICTATION ON 7th DECEMBER, 2015 :

1. Present Criminal Appeal is preferred by the appellant/accused challenging the judgment and order of conviction dated 6.5.2015. Said order of conviction was passed by the Sessions Court at Bombay in Sessions Case No.240 of 2013. By the impugned judgment and order the appellant/accused was convicted for various offences and sentenced to suffer respective imprisonments and was also directed to pay fine. Following is the operative part of the judgment and order :

“1. Accused Salman Salim Khan is convicted u/s.235(2) of the Code of Criminal Procedure for the offence punishable u/s.304 II of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for a period of five (5) years and to pay fine of Rs.25,000/ (Rupees Twenty Five Thousand only), in default to suffer Rigorous Imprisonment for a period of six (6) months.

2. Accused Salman Salim Khan is also convicted u/s.235(2) of the Code of Criminal Procedure for the offence punishable u/s.338 of the Indian Penal Code and sentenced to suffer Simple Imprisonment for a period of one (1) year and to pay fine of Rs.500/ (Rupees Five Hundred only), in default to suffer Simple Imprisonment for a period of one (1) month.

3. Accused Salman Salim Khan is also convicted u/s.235(2) of the Code of Criminal Procedure for the offence punishable u/s.337 of the Indian Penal Code and sentenced to suffer Simple Imprisonment for a period of three (3) months and to pay fine of Rs.500/ (Rupees Five Hundred only), in default to suffer Simple Imprisonment for a period of one (1) month.

4. Accused Salman Salim Khan is also convicted u/s.235(2) of the Code of Criminal Procedure for the offence punishable u/s.134 r/w. Sec.187 of the Motor Vehicles Act, 1988 and sentenced to suffer Simple Imprisonment for a period of two (2) months and to pay fine of Rs.500/ (Rupees Five Hundred only), in default to suffer Simple Imprisonment for a period of fifteen (15) days.

5. Accused Salman Salim Khan is also convicted u/s.235(2) of the Code of Criminal Procedure for the offence punishable u/s.185 of the Motor Vehicles Act, 1988 and sentenced to suffer Simple Imprisonment for a period of six (6) months and to pay fine of Rs.2,000/ (Rupees Two Thousand only), in default to suffer Simple Imprisonment for a period of one (1) month.

6. Accused Salman Salim Khan is also convicted u/s.235(2) of the Code of Criminal Procedure for the offence punishable u/s.3(1) r/w. 181 of the Motor Vehicles Act, 1988 and sentenced to suffer Simple Imprisonment for a period of two (2) months and to pay fine of Rs.500/ (Rupees Five Hundred only), in default to suffer Simple Imprisonment for a period of seven (7) days.

7. All the substantive sentences shall run concurrently.

8. The accused is on bail. He shall surrender his bail bonds.

9. Set off be given to the accused u/s.428 of the Code of Criminal Procedure for the period undergone by him in the prison.

10. The seized articles be destroyed after appeal period is over.

11. Unmarked articles, if any, be destroyed after appeal period is over.

12. The vehicle was returned to the accused Salman Khan on Supurtnama (bond). The Supurtnama (Bond) be cancelled after appeal period.”

2. Reportedly, the fine amounts are already paid and the present appellant/accused is granted bail during pendency of appeal.

3. Being aggrieved by the judgment and order of conviction, present appeal is preferred on various grounds. Those grounds have been dealt with hereunder at the appropriate place.

4. Present appellant was granted bail during pendency of the appeal and by consent of the parties the hearing of the appeal was expedited by this Court vide order dated 8.5.2015 (Coram : A.M. Thipsay, J.). Under this premise, present appeal was taken for final hearing and the rival arguments were heard at length. It is specifically mentioned that though the appeal is challenging the conviction for the main offence punishable under Section 304 Part II of IPC, various other aspect