A sessions court ordered a fresh trial against actor Salman Khan in the 2002 hit-and-run case,following its decision to enhance charges against him in the case.
Earlier Khan was on trial for causing death by negligence under Section 304-A of the IPC which carries a maximum term of two years,but now,he faces section 304-II (culpable homicide not amounting to murder),which attracts maximum punishment of up to 10 years.
Following legal procedure,Sessions Judge D W Deshpande had asked during the last hearing whether evidence should be re-recorded or if the same evidence should be brought on record. The prosecution said recording the statements again would cause further delay,but Khans lawyer Shrikant Shivde opposed it citing the law. The court then ordered a fresh trial on Thursday and adjourned hearing till December 23.
Khans counsel Shivde said,The Code of Criminal Procedure is clear on this aspect. As Khan was earlier tried for lesser charges,that too before a Magistrate court,once the case is committed to the Sessions court,the trial has to be conducted as per the procedure of a Sessions court.
The case dates back to September 28,2002 when Khan drove his Toyota Land Cruiser into a bakery in Bandra killing one and injuring four people sleeping on the pavement. The Magistrate court has already recorded statements of a few witnesses,including Khans bodyguard Ravindra Patil,who claimed to have warned Khan against rash driving.