Mumbai court to decide on fresh trial in 2002 Salman Khan hit-and-run case Dec 3, 2013, 10.54PM IST TNN [ Swati Deshpande ] MUMBAI: The sessions court in Mumbai will decide on Thursday, December 5, whether there should be a fresh trial with fresh evidence in the 2002 case against actor Salman Khan after graver charge of culpable homicide not amounting to murder was added. The judge had made a query whether a fresh trial should be undertaken or the same evidence which was produced before the Bandra magistrate could be relied up, said a defence advocate. Both sides had made their submissions. Khans lawyers including advocate Shrikant Shivade had argued for a fresh trial since they said the matter now included a serious charge of section 304-II of the Indian Penal Code and thus needs to tried afresh. But the prosecution team argued otherwise and said the large body of evidence presented before the magistrate ought to be used. In October the court heard Salmans lawyer and prosecution on whether the trial should begin afresh or evidence adduced earlier by the Magistrate should be considered by the sessions court. In June, the session court had ruled that the actor should be charged with culpable homicide not amounting to murder in the case - a charge under IPC which attracts 10 years of imprisonment. The June 24 order was a major setback to the actor, who was earlier tried by Bandra metropolitan magistrate court for a lesser charge of rash and negligent act causing death, under section 304 A of IPC, which attracts upto two years of imprisonment. One person was killed and four others were injured when the Land Cruiser, allegedly driven by Salman Khan, crushed a group of people sleeping on the pavement outside a bakery in suburban Bandra in the early hours on September 28, 2002.
Posted on: Wed, 04 Dec 2013 09:06:07 +0000
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