Hearing Salman's plea for a fresh trial, Judge DW Deshpande held that the trial would be held de novo (fresh) as the actor had not been given an opportunity to cross-examine the witnesses vis-a-vis the charge of culpable homicide not amounting to murder which attracts a 10-year sentence.
The Bollywood superstar had earlier been tried by a Magistrate for a lesser offence of causing death by negligence which entailed imprisonment of two years.
The evidence adduced before the Magistrate would not be considered and all witnesses who had appeared earlier would be examined and cross-examined afresh, the Judge ruled and adjourned the matter to December 23 to enable the prosecution to produce a list of witnesses.
On that day, the court would fix the date for the trial to begin.
The case, dragging on for over a decade, had taken a twist earlier this year when the Magistrate, after examining 17 witnesses, held that the charge of culpable homicide was made out against Salman and referred the matter to a Sessions Court as cases under this offence are triable by a higher court.
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