1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION No.3233/2009 (Pravin Bhikchand Salve and another vs. Kamalakar Babasaheb Umbare and others) and CRIMINAL APPLICATION NO.3165 OF 2009 (Kamalakar Vs. State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.Joydeep Chatterji and Mr. S.J.Salunke, Adv., for the respective applicants. Mr. K.M.Suryawanshi, APP for respondent/State. ... CORAM: K.U.CHANDIWAL, J. DATE: 18/9/2009 P.C.:- 1. Heard Mr. Joydeep Chatterji, Counsel, for the complainant / applicant Pravin. Complainant desires to assist learned A.P.P. to oppose the application moved by the accused Kamalakar and others. I do not see any legal impediment not to entertain the application. Consequently, application (No. 3233/2009) is allowed. 2 2. Heard learned Counsel. 3. In an incident dt.25.6.2009 where group of several persons based on earlier acrimony, assaulted the other group which took toll of precious life of Sadashiv Salve who succumbed to the injury. The FIR/statement of Pravin Bhikchand Salve though does not refer specifically names of the present accused/applicants, however, the other witnesses, Milind, Shantabai, Ashabai specify roles of present appellants to be holding stones and pelting the same. The offense is in terms of Section 302 and also 149 of IPC coupled with infraction of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 4. Even if the statement of the witnesses is prima facie termed to be elongated, the fact remains that specific role is attributed to the accused. Consequently, discretion in terms of Section 438 of Cr.P.C. cannot 3 be exercised. Application (No. 3165/2009) is rejected. (K.U.CHANDIWAL) JUDGE ... agp/3233-09crapl