KISAN SOMA SATHE vs THE STATE OF MAHARASHTRA

Judgment text excerpt

Revn.524.02.docx Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION 524 OF 2002 Mr. Kisan Soma Sathe Applicant .. (Orig. Accused no. 4) Versus The State of Maharashtra (At the instance of MIDC Police Station vide C.R. No.026 of 1993) .. Respondent ....................  Mr. S.R. More, Advocate for Applicant.  Ms. P.P. Shinde, APP for Respondent – State. ................... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 02, 2025. JUDGMENT: 1. Heard Mr. More, learned Advocate for Applicant and Ms.. Shinde, learned APP for Respondent – State. This Revision challenges rejection of Discharge Application of Applicant – Accused No.4. It was admitted on 11.12.2002 and Trial Courts order was stayed qua the Applicant. Impugned order is dated 02.11.2002. 2. It is seen that there are 13 Accused in the crime which has been registered. The Applicant before me is Accused No.4 whose name is Kisan Soma Sathe. 3. First Information Report (for short “FIR”) came to be filed by Original Complainant, Mr. Firoz Mohammad Sultan on 12.01.1993 alleging that 15 persons with deadly weapons brandishing swords, 1 of 14 Revn.524.02.docx iron rods and sticks entered the premises of Blue Steel Company, Road No.20, M.I.D.C., Mumbai and assaulted the watchmen Mr. Soheb Khan and Mr. Naushad Soheb Khan. Soheb Khan was killed on the spot whereas Naushad Soheb Khan succumbed to his injuries later at about 5:30 p.m. In a further assault one more person namely Mr. Irfan Sadikali Ansari was also assaulted leading to his death. 4. Date of incident i.e. 12.01.1992 incidentally is the time when the entire city of Mumbai was affected and gripped by communal riots in the year 1993. First informant Mr. Firoz Mohammad Sultan lodged the Complaint vide C.R. No.26 o