In a major setback for Bollywood superstar Salman Khan, a Mumbai court Monday dismissed his plea challenging the order review of a judge for a new trial in the case hit-and-run 2002 on charges of culpable homicide not amounting to murder.
Salman has been given within one month to appear in court and face trial in the case sessions, UB Hejib Sessions Judge said in his judgment in open court Monday afternoon.
The start date for the new trial is set for July 19.
If convicted, the 47-year-old actor could face a prison sentence of 10 years as stipulated in Section 304 (II) (culpable homicide not amounting to murder) of the Indian Penal Code (IPC) .
The case relates to the actor's SUV while living on the street ran in a suburb of Bandra in the early hours of September 28, 2002, killing one and wounding four others.
In his verdict, the judge said the crime Hejib of "culpable homicide not amounting to murder" had been made against the actor in the event of an accident.
Earlier, Salman Khan had been tried by a Bandra Metropolitan Magistrate less serious charge under Section 304 (A) (causing death by negligence) of the IPC, which carries a jail term of two years.
The magistrate then invokes Article 304 (II) of IPC after examining 17 witnesses and transferred the case to a new trial by the court sitting.
Strongly oppose it, Salman Khan Ashok Mundargi lawyer had argued that the judge's order was "wrong, bad in law and against the evidence in the record".
He argued that the judge had failed to appreciate that the actor had no intention of killing people, and the knowledge that his reckless and negligent driving could kill one person and wounding four more.
Countering the arguments, the prosecutor S. Erande said a prosecution witness, the deceased Ravindra Patil, who was a personal bodyguard for Salman police had repeatedly warned the actor not to drive recklessly, as it could cause an accident.
But Salman ignored and left at high speed, which leads to an accident, Erande said, while opposing the appeal of the actor.
The judge rightly invoked manslaughter charge as the actor had committed a serious crime, he said.
Erande also noted that blood samples of Salman revealed that he was drunk, with 60 mg of alcohol, which is beyond the permissible limits for driving. - IANS
Salman has been given within one month to appear in court and face trial in the case sessions, UB Hejib Sessions Judge said in his judgment in open court Monday afternoon.
The start date for the new trial is set for July 19.
If convicted, the 47-year-old actor could face a prison sentence of 10 years as stipulated in Section 304 (II) (culpable homicide not amounting to murder) of the Indian Penal Code (IPC) .
The case relates to the actor's SUV while living on the street ran in a suburb of Bandra in the early hours of September 28, 2002, killing one and wounding four others.
In his verdict, the judge said the crime Hejib of "culpable homicide not amounting to murder" had been made against the actor in the event of an accident.
Earlier, Salman Khan had been tried by a Bandra Metropolitan Magistrate less serious charge under Section 304 (A) (causing death by negligence) of the IPC, which carries a jail term of two years.
The magistrate then invokes Article 304 (II) of IPC after examining 17 witnesses and transferred the case to a new trial by the court sitting.
Strongly oppose it, Salman Khan Ashok Mundargi lawyer had argued that the judge's order was "wrong, bad in law and against the evidence in the record".
He argued that the judge had failed to appreciate that the actor had no intention of killing people, and the knowledge that his reckless and negligent driving could kill one person and wounding four more.
Countering the arguments, the prosecutor S. Erande said a prosecution witness, the deceased Ravindra Patil, who was a personal bodyguard for Salman police had repeatedly warned the actor not to drive recklessly, as it could cause an accident.
But Salman ignored and left at high speed, which leads to an accident, Erande said, while opposing the appeal of the actor.
The judge rightly invoked manslaughter charge as the actor had committed a serious crime, he said.
Erande also noted that blood samples of Salman revealed that he was drunk, with 60 mg of alcohol, which is beyond the permissible limits for driving. - IANS