MUMBAI: In a major setback to Bollywood actor Salman Khan, a magistrate's court here on Thursday accepted the plea of the Maharashtra government that he should be tried under section 304 (II) of the Indian Penal Code (culpable homicide not amounting to murder), a graver offence, in the 2002 hit-and-run case.
At present, Salman, 47, is being tried under section 304 (I), (rash and negligent driving) which attracts maximum punishment of two years.
Section 304 (II) attracts the maximum sentence of ten years.
Following Thursday's order, the magistrate committed the case to sessions court for trial, as the offence is serious.
"Salman would have to appear before the sessions court on February 11," said his lawyer, advocate Dipesh Mehta.
On September 28, 2002, Salman's Toyota Land Cruiser, allegedly being driven by him, rammed into a bakery in suburban Bandra, killing one and injuring four others who were sleeping on the pavement.
The trial before the bandra magistrate's court started in 2006. Advocate Mehta also said that the actor would challenge Thursday's order in high court.
The Bombay high court had held that Section 304 part II of the Indian Penal Code (culpable homicide not amounting to murder) was not applicable in the case and that the actor be tried under Section 304 A of the Indian Penal Code (rash and negligent driving) and other relevant sections.
The court had framed charges against the actor under section 304 A of the Indian Penal Code (rash and negligent driving), 279 (rash driving), 337 (causing minor injuries), 338 (causing major injuries) and 427 (negligence).
Earlier this year, the police had again sought that the actor be tried under more serious charge of 'culpable homicide not amounting to murder'.
2002 hit-and-run case: Salman Khan to be tried for culpable homicide
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2002 hit-and-run case: Salman Khan to be tried for culpable homicide
