The Sessions Court on Monday rejected Bollywood star Salman Khan's appeal challenging a magistrate's order in a 2002 hit-and-run case, maintaining that he should instead re tried under “culpable homicide not amounting to murder.”

Sessions judge U B Hejib said Salman should be re-tried under Section 302 (II) of the Indian Penal Code (IPC) .

Under this, the punishment for someone found guilty may go up to 10 years imprisonment.  After pronouncing the order, the court posted the retrial for July 19. The actor was earlier tried under a lesser charge of rash and negligent driving and causing death by negligence.

Case transfer

However, after listening to the witnesses in the case, the Bandra Metropolitan Magistrate concluded that Salman should face the more serious charge of culpable homicide and transferred the case to the Sessions Court for a re-trial.

Salman challenged the magistrate's order on the grounds that it “was erroneous, bad in law and contrary to evidence on record.”

The petitioner further argued that the lower court had failed to take into account that Salman had neither the intention to kill people. Neither didhe have the knowledge that his rash and negligent driving would lead to a person being crushed to death and maim four others.

The public pleader, however, defended the Magistrate's order of invoking the culpable homicide charge, stating that the accused had 'committed a serious offence... after all he (Salman) had refused to listen to his police bodyguard who again and again warned the actor not to drive rashly just before the incident occurred.”

The prosecution further submitted that the actor was drunk and blood tests revealed 60 mg alcohol which by itself 'is beyond the permissible limit.'

“The incident took place near his (Salman) residence...he was well aware and had full knowledge that people sleep on pavements in the locality; but still disregarding his bodyguard's advice drove rashly,” the prosecution said.