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2021 Supreme(Bom) 201

PRASANNA B.VARALE, V.G.BISHT
Satish Chandrakant Dixit – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Manoj S. Mohite, Ashish Sawant.
For the Respondent: H.J. Dedhia.

JUDGMENT :

V.G. BISHT, J.

1. These two appeals arise out of a common judgment and order passed by learned Additional Sessions Judge, Pune, dated 23rd May 2012 in Sessions Case No. 682 of 2009. Criminal Appeal No. 665 of 2012 is preferred by accused Satish Dixit (A-1) and Criminal Appeal No. 828 of 2012 is preferred by accused Suyash Dixit (A-3).

2. Brief facts which led to the filing of these appeals are as under:

    (a) Informant is resident of Sukhvastu and is Chairman of Rajmahal Sahakari Society. A-1 and Shashikant Vilas Kore (deceased for short) also reside along with their family members in the said society. The above named society has a parking slot/place for parking the vehicles of the members of the society. As at the relevant time there was summer vacation of 2009, the children of the society used to play cricket in the parking area of the said society.

(b) On 24th April 2009 at about 10.30 p.m. it is alleged that there was verbal altercation between the members of the society Shashikant M. Kanade and the deceased on the point of playing cricket by the boys in the parking slot of the society. It is further alleged that, meantime, A-1 and his wife namely Supriya (A-2) and sons Suy

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