Salman argued that the Court cannot alter the charge on

the basis of an application made by the prosecution. The Magistrate, however, felt that the Court can any time alter the charge before the trial concludes In this case, the Magistrate pointed out, prosecution had only drawn the Court's attention to the evidence adduced by it to show that charge of 'culpable homicide not amounting to murder' was made out against the accused. Ultimately, it was the Court's decision to invoke this charge on the basis of evidence tabled before it. Interestingly, this is the second time that Salman is being tried under the stringent provision of IPC. Earlier too, the Magistrate had charged with him with the same offence and referred the case to Sessions Court for trial. The actor had challenged application of this charge in the Sessions Court which rejected his plea. He had then moved the Bombay High Court which ruled that the charge of 'culpable homicide not amounting to murder' would not apply in the case. Maharashtra Government approached the Supreme Court, which set aside the order of both Sessions Court and HC. "But we make it very clear that at any appropriate stage if the Magistrate comes to the conclusion that there is sufficient material to charge the accused with a more serious offence than the one punishable u/s 304(A), he shall proceed to do so. "As such decision of the Magistrate shall be purely based on the material brought in evidence at the time of trial," the apex court had observed. Acting on a prosecution plea, the Magistrate last week slapped the charge of 'culpable homicide not amounting to murder' on the actor and referred the case to Sessions Court for trial.