1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL REVISION APPLICATION NO.227 OF 2000 Rasik Gajanan Desai ...Applicant Vs. State of Maharashtra ...Respondent None for Applicant Mrs. A.A. Mane, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 16TH NOVEMBER, 2009 P.C. 1.This Revision Application is filed against the order of the learned Sessions Judge refusing to discharge the applicant in Sessions Case No.891/1999. The case against the accused is under Section 302 and 120(B) read with Section 34 of the I.P.C and Section 27 of the Arms Act. The complainant is the Police Sub Inspector. He lodged the complaint upon recovering the dead body of one Rakesh Singh with bullet injuries, identified by his brother near Kamlistan Studio. The applicant was running ice factory at Chandivalli, Mumbai-400 072. Another accused was a notorious gangster. The deceased 2 was brought to the ice factory of the accused. He was found riddled with injuries. The prosecution case was that he was assaulted by the applicant and others and ultimately killed. The complainant identified the accused in the case through photographs. It was to be seen whether that evidence was admissible. Substantive evidence of the complainant was to be recorded. The learned Judge has correctly seen a prima facie case made out upon the statement of the complainant himself. A case for being discharged from a prosecution of murder, when the dead body is recovered is not made out. 2.Order of the learned Sessions Judge does not suffer from any infirmity. 3.The Revision Application is dismissed. (SMT. ROSHAN DALVI, J.)