Gustad's assistant, 26-year-old Khan had been killed after he came under a train at Mahalakshmi station, while shooting for the movie 'Mumbai Central' in May 2004.

The magistrate had committed the case to the sessions court to try him for culpable homicide not amounting to murder.

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The sessions court however observed today that there can be no case of culpable homicide not amounting to murder against Gustad and discharged him.

Gustad will now be tried before a magistrate for death due to negligence and under section 201 of the IPC (Causing disappearance of evidence of offence, or giving false information to screen offender).

The case has 33 eyewitnesses out of which around 32 have already deposed in the court. All the witnesses are mostly film crew, of which 31 turned hostile.