A Sessions court in Mumbai ordered for a fresh trail against actor Salman Khan in the 11 year old hit and run case. The actor allegedly rammed into a bakery in Bandra killing one person and injuring four others. He was arrested on charges of rash and negligent driving and was later rearrested on a serious charge of culpable homicide not amounting to murder. The case will have a fresh trial after prosecutors succeeded in substituting the charge of ‘causing death by negligence’ with the graver ‘culpable homicide not amounting to murder’. The new charge attracts a maximum penalty of 10-year imprisonment. The fresh trial is requested for want of cross-examination.
On September 28, 2002, the actor allegedly killed a man sleeping on the pavement outside a bakery in suburban Bandra while driving a Land Cruiser. Four others were injured. He was initially tried by a magistrate court for rash and negligent driving. This charge would bring two years imprisonment. However, in January, the court said he should be tried for the stronger charge of culpable homicide not amounting to murder after cross questioning 17 witness. Since the lower court did not have the jurisdiction to try this charge, the case was transferred to the session’s court.
In July, the sessions court framed charges against the actor for culpable homicide not amounting to murder, which attracts a jail term of up to 10 years. However, , the actor pleaded the court seeking for a fresh trial afresh as he was not given the opportunity to cross-examine witnesses in the magistrate court. The judge fixed December 23 for prosecution and defense to submit their lists of witnesses after which a date for fresh trial would be fixed.
Apart from section 304(2) (culpable homicide not amounting to murder), the Bollywood superstar has also been charged under sections 279 (causing death by negligence), 337 (causing hurt by an act), 338 (causing grievous hurt), 427 (causing damage or mischief to property) of the IPC, and provisions of the Motor Vehicles Act and the Bombay Prohibition Act.