Mumbai, Jan 31 (PTI): In a major setback to Bollywood actor Salman Khan, a Magistrate's court here today accepted the plea of the Maharashtra government that he should be tried under section 304 (II) of Indian Penal Code (culpable homicide not amounting to murder), a graver offence, in the 2002 hit and run case.

At present, Salman is being tried under section 304 (I), (rash and negligent driving) which attracts maximum punishment of two years. Section 304 (II) attracts the maximum sentence of ten years.

Following today's order, the Magistrate committed the case to Sessions court for trial, as the offence is serious.

"Salman would have to appear before the Sessions court on February 11," said his lawyer, advocate Dipesh Mehta.

On September 28, 2002, Khan's Toyota Land Cruiser, allegedly being driven by him, rammed into a bakery in suburban Bandra, killing one and injuring four others who were sleeping on the pavement.

The trial before the Bandra Magistrate's court started in 2006.