The Mumbai police deserve a pat on their back, not just for securing the conviction to actor Salman Khan, but also for invoking Section 304 Part II of the Indian Penal Code (culpable homicide not amounting to murder) against him.
When the hit-and-run case that resulted in the death of one and the injuring of four others was reported in 2002, the police initially registered a case under Section 304-A (rash and negligent act resulting in death) of IPC. But investigators eventually added Section 304 (Part-II) as well.
The actor was charged with driving the vehicle at high speed in an inebriated condition and without a driving license at that.
Salman Khan’s Defence lawyers moved the Mumbai High Court and even the Supreme Court challenging the addition of this section, but the apex court upheld it.
Interestingly, similar road accidents are often reported in the Hyderabad and Cyberabad Commissionerates. In fact, the traffic police took up special drives against drink-driving after realising that it was one of the prime reasons for a considerable number of road fatalities.
But rarely did they invoke Section 304 (part-II) in such cases.
“It may not be applied to all fatal road accident cases, but surely it should be brought into play when intoxicated drivers kill people,” police officers say, seeking anonymity.
Naturally, the question arises why police in Hyderabad and Cyberabad cannot do what their counterparts in Mumbai had done.
The legal section also becomes important in incidents like wall or building collapses resulting in deaths.
Though it was invoked used in some building collapse cases, it is equally pertinent to secure conviction to the accused to send a loud and clear message that callousness in playing with lives of people cannot be tolerated.
Cut at the root
of the problem
Time and again the city police have arrested many a youth, including students, on charges of possessing ‘deadly weapons’ like daggers and swords. Going by the law, the police register a case under the Arms Act against the accused and produced them before a court.
While the police claim to put in a lot of effort to nab the accused, as also to seize the weapon, it appears that not much is being done to get to the root of the case and nab those involved.
This, despite the fact that a handful of cases of college students being involved in fights and attacking their rivals with daggers or knives have been reported in the city in the last six months.
For instance, in December, an engineering student was stabbed with a knife at Habeebnagar following a quarrel over a Facebook post.
In February, an Intermediate student was stabbed by his peer at Chandrayangutta, while a similar case was reported at Falaknuma the following month.
Official press releases issued by the police state that the weapons were procured from Nanded, or from Barkas area in the city.
They also say that ‘efforts are made by the police to nab the person who sold the weapon’.
In such a scenario, it is necessary for law enforcement agencies to verify the easy availability of such weapons by identifying and arresting those involved in its sale, lest this trend continues unabated. At the same time, the police, in coordination with college managements, should create awareness about the consequences of trending the wrong side of the law.
Reporting by Marri Ramu & Asif Yar Khan
