SIDDAPPA KASHIRAYA SAVLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Mundargi, learned Advocate for Applicant and Ms. Tidke, learned APP for Respondent ' State of Maharashtra.

(2.) The present case challenges the order dtd. 25/10/2002 passed by learned Trail Court rejecting the discharge Application filed by the Revision Applicant who is original Accused No.2. The Revision Applicant shall be referred to as Applicant for convenience.

(3.) At the outset, what is significant is the timeline in the present case. The incident in respect of which prosecution has been launched, occurred on 29/9/1993. Originally there were six Accused out of which one Accused namely Accused No.1 has been exonerated by order dtd. 25/10/2002 allowing his discharge Application. The incident led to the death of one suspect who was brought and detained by the police officers / team involved with investigation of Crime No.70 of 1993 registered ten days prior to the date of incident on 19/9/1993 under Sec. 380 of Indian Penal Code, 1860 (for short 'IPC'). Applicant before me is the Investigating Officer. He was appointed on probation as Police Sub-Inspector at Taloja Police Station on 19/8/1993 and assigned to undertake investigation as Investigating Officer in Crime No.70 of 1993 registered on 19/9/1993 pertaining to theft of gold ornaments from a residential house.