Bollywood actor Salman Khan will face retrial in the 2002 hit-and-run case after a sessions court today dismissed his petition challenging a Metropolitan court order invoking the charge of culpable homicide not amounting to murder.
The superstar had earlier been tried for a lesser offence of causing death by negligence (Section 304 A of IPC), which provides for a maximum punishment of two years in jail.
Pronouncing the verdict in an open court, sessions judge U B Hejib ruled that the offence of culpable homicide not amounting to murder was made out against the actor.
If found guilty, Salman could face imprisonment upto ten years for the offence, which is triable by a sessions court.
The judge fixed July 19 for commencement of retrial.
In a twist to the case, a Bandra Metropolitan Magistrate, after examining 17 witnesses, had brought forth the more serious charge of culpable homicide against the 47-year-old actor and transferred it to a sessions court for retrial. Salman had appealed against the Metropolitan court's order.
Advancing his argument against invoking the grave charge of culpable homicide not amounting to murder (section 304 part II IPC), his counsel Ashok Mundargi pleaded that the Magistrate's order was "erroneous, bad in law and contrary to evidence on record."
The Magistrate, he contended, had failed to appreciate that the actor had neither the intention to kill people, nor the knowledge that his rash and negligent driving would kill a person and cause injury to four others.
