Contends in a letter written to the government that the judge had erred in ordering a fresh trial as there is no such provision
The prosecution has sent a letter to the Law and Judiciary department in this regard for seeking permission to file an appeal in the high court.
Meanwhile, on Monday the case was adjourned till January 7 as the investigating officer did not attend the proceedings.
The prosecution has contended in the letter written by it to the government that the judge had erred in holding a fresh trial. “There was no provision in law to hold a fresh trial and the evidence adduced in a court could not be discarded,” the letter read.
It was argued by the prosecution 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.
A Mumbai sessions court on December 5 had ordered a fresh trial pointing out that witnesses had not been examined in the context of aggravated charge of culpable homicide, which was invoked against the actor midway through the proceedings
Earlier, Salman had been tried by a magistrate for offence of causing death by negligence, which entailed an imprisonment of two years. The charge of culpable homicide not amounting to murder attracts a 10-year sentence.
On September 28, 2002, a Toyota Land Cruiser allegedly driven by Salman, had crushed a group of people sleeping on a pavement outside a bakery in Bandra, killing one and injuring four.