Mumbai, April 29: Five bakery workers resting on a pavement near the Mahim dargah in the western suburbs were knocked down by a speeding Hyundai Accent around 3.15 this morning, reviving memories of Salman Khan?s hit and run.

Two of them died on the spot and the rest have been admitted to hospital with minor injuries.

Police said the five had stepped out of Shakoor Bakery on Cadell Road in Mahim to catch some rest when the black Accent rammed into the pavement. The front of the car was smashed, trapping the driver, 35-year-old Upendra Yadav.

Dargabhai Zakir Khan, 40, and Meraj Maqsoodi, 23, suffered heavy injuries and were reported dead before admission.

Yadav, who was badly hurt, was not drunk, unlike Salman who had mowed down five pavement-dwellers in nearby Bandra. Also unlike the actor, who was booked for culpable homicide not amounting to murder, Yadav has been charged under Section 304A, which invites a maximum punishment of two years and allows bail.

The car belongs to a businessman from Bandra, Tipu Chheda, who was not in the car when the accident took place.

Joint commissioner of police (law and order) Ahmed Javed was asked why Section 304 Part II for culpable homicide not amounting to murder was not applied. He said the practice is to book under 304A ?unless there is knowledge that there was a motive to cause death?.

Section 304 Part II is a non-bailable offence with maximum punishment of 10 years? imprisonment.

With the exception of Salman, who was initially charged under 304A but later booked under 304 Part II under public pressure, in a majority of cases, the police use the softer provision.

Last month, Shiv Sena chief Bal Thackeray?s personal assistant Ravindra Mhatre, who killed two bystanders when his Ford Ikon rammed into a bus stop, was also charged under 304A despite his blood report showing traces of alcohol. He was released on bail the next morning.

Manish Mashelkar, the grandson of one of the victims, Leela Mashelkar, is determined to seek justice.

In 2003, Mumbai had reported an alarming 70 hit and run cases. Says joint commissioner of police (traffic) Satish Mathur: ?In many cases, the driver escapes after the accident, and is either not traced or arrested later. In at least 50 fatal accidents last year, the drivers had escaped. In some of these, they were arrested later.?

The conviction in hit and run cases is low and, even if convicted, the accused can get away with a negligible fine. Actor Puru Rajkumar paid a fine of Rs 35,000 after killing sleeping pavement dwellers.

Salman was freed on a bail of Rs 950 the day after the crash until a PIL urged the high court to levy a fine of Rs 19 lakh.