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Hit-and-run case: Court orders fresh trial against Salman

Sessions court judge DW Deshpande passed the order on a petition filed by the actor who had sought a fresh trial, seeking that the evidence adduced earlier before a magistrate be discarded as he was now facing a more serious charge of culpable homicide not amounting to murder.

In his order, Deshpande said all the witnesses would be examined and cross-examined again during the trial which would be put on fast-track mode.

The judge fixed 23 December for prosecution and defence to submit their lists of witnesses after which a date for fresh trial would be fixed.

Khan was earlier tried at a magisterial court which, 10 years after the incident, had held that the charge of culpable homicide not amounting to murder was made out against the actor, who was facing trial for a lesser offence of causing death by negligence. Since culpable homicide cases are triable by a sessions court, he referred the case to it.

The sessions court had on 24 July framed charges against Khan for culpable homicide for which he could face a jail term up to 10 years, while the charge of rash and negligent driving entailed imprisonment for two years.

The actor had moved the sessions court on November 19 seeking a fresh trial in the case as he had not been given an opportunity in the magistrate’s court to cross-examine witnesses vis-a-vis the new charge of culpable homicide.
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