The prosecution on Tuesday is likely to examine the first witness in the retrial of the 13-year-old hit and run case, which was registered against actor Salman Khan in 2002. The prosecution was about to initiate the examination of witnesses on March 26, but since they failed to turn up before the court the proceedings were adjourned.
According to the prosecution, there were three witnesses which were about to depose before the court. One of the important witnesses was a bakery owner. According to the prosecution's case, Khan had allegedly rammed his vehicle into a number of people who were sleeping on the pavement in front of the bakery.
While seeking adjournment, the prosecution had informed the court that the bakery owner was bed-ridden due to paralysis and the other two witnesses had gone out of station.
The case dates back to September 2002, when the actor had allegedly rammed his Toyota Land Cruiser into the pavement dwellers who were sleeping on the pavement next to a bakery in Bandra. The accident killed one and injured four others. The deceased was Noorulla Mahboob Sharif and the injured were Abdul Rauf Shaikh, Kalim Mohammed Pathan and Munna Malai Khan.
The case was first tried by the Bandra metropolitan magistrate court. The court had already examined a few witnesses, which included the statement of Khan's police bodyguard Ravindra Patil. Patil in his statement had claimed to have warned Khan against rash driving.
A few years after the incident, Patil died of tuberculosis. However, after examining other witnesses in the case, the prosecution had filed an application, pleading the court to add an additional charge against the actor.
Accordingly, after going through the evidence placed on record, the Bandra metropolitan magistrate court had accepted the prosecution's plea of enhancing the charges.
After enhancement of a new charge, the magistrate's court transferred the case to the sessions court, as it only had the power to run the trial then.
Khan's defence lawyer had challenged the magistrate court's order before the sessions court. However, the sessions court had upheld the magistrate court's order and slapped Khan with the new charge. Hence, the court issued a retrial in the case.