Superstar Salman Khan is facing the charges of  running over his Toyota Land Cruiser on a group of persons sleeping on a footpath outside a bakery in suburban Bandra in September 2002, killing one and injuring four others.  On Tuesday a fresh trial was held against the actor and the  prosecution handed over a list of 64 witnesses to the court that they propose to examine. But the prosecution even upheld that they have as yet not received  a nod from Law and Judiciary to its letter seeking permission to file an appeal in Bombay High Court against the sessions court judgement ordering a fresh trial in this case.
The prosecution, in the letter to the government, said this was a fit case to file an appeal as the judge had erred in holding a de novo (fresh) trial. It said that there was no provision in law to hold a fresh trial and the evidence adduced in a court could not be discarded and also that  it would be difficult for them to trace all the witnesses and re-examine them. In the eyes of law, the evidence recorded earlier in this case by a Magistrate cannot be discarded and may be used in the trial.
The actor had earlier been tried by a Magistrate for a lesser offence of causing death by negligence, which entailed an imprisonment of two years. But the case 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.