Mumbai : A Mumbai sessions court will on June 10 deliver its verdict on actor  Salman  Khans appeal against a magistrates order for his retrial in the 2002 hit-and-run case under rigorous charge of guilty homicide not amounting to murder. Sessions court judge U B Hejib had fixed June 10 for deciding the appeal after arguments concluded a month ago.

The magistrate, he contended, had failed to appreciate that the actor had neither the intention to kill people  nor the knowledge that his rash and negligent driving would kill a person and cause injury to four others. The offence under this section attracts a ten-year jail term and is triable by a sessions court.

Khan was earlier tried by a magistrate under lesser charge of causing death by negligence (Section 304A of IPC), that provides for a maximum punishment of two years in jail. However, in a twist to the case, the metropolitan magistrate, after examining 17 witnesses, had brought forth the more serious charge of culpable homicide against the 47-year-old actor and transferred it to a sessions court for re-trial.

Khans lawyer also filed written submissions on the appeal and made oral arguments.The prosecutor submitted that Khan was drunk and his blood sample revealed 60 mg alcohol which was beyond the permissible limit.

One person was killed and four others were injured when the Land Cruiser allegedly driven by Khan crushed a group of people sleeping on the pavement outside a bakery in suburban Bandra in the wee hours on September 28, 2002.