Overruling Salman's plea, the court decided that he would be tried in culpable homicide charge which implicates a jail term of 10 year.
The actor had appealed against a magistrate's order for his retrial in the 2002 hit-and-run case under stringent charge of culpable homicide not amounting to murder.
Salman 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.
Advancing his argument against invoking the grave charge of 'culpable homicide not amounting to murder' under section 304 part II IPC, Salman's lawyer Ashok Mundargi had pleaded that the magistrate's order was "erroneous, bad in law and contrary to evidence on record."
The magistrate, he contended, had failed to appreciate that Salman Khan 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.