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2023 Supreme(Bom) 1549

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Ishwar Khandu Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R. N. Dhorde, Senior Advocate i/by Mr. V. R. Dhorde, Mr. A. B. Girase, Advocate h/f Mr. Tapan K. Sant, Advs.
For the Respondent: Mr. S. D. Ghayal, APP., Mr. P. S. Paranjape, Advs.

JUDGMENT :

Abhay S. Waghwase, J.

1. Appellants are convicts for commission of offence under Sections 143, 147, 148, 302, 307, 323, 504, 506 r/w 149 of the Indian Penal Code [IPC] in Sessions Case No. 87 of 2014 dated 04.07.2016 passed by learned Additional Sessions Judge, Dhule. Original accused nos. 1 to 4 and 6 have preferred appeals bearing Criminal Appeal Nos. 475/2016 and 490/2016 respectively.

2. Though two distinct appeals have been filed questioning legality and maintainability of the judgment of conviction, as both appeals are heard simultaneously and answered by learned APP on one and the same day, appeals are dealt together by way of common judgment.

PROSECUTION STORY IN BRIEF IS AS UNDER

3. Shorn of details, in brief, case of prosecution is that during Ganpati festival of 2014, there was quarrel between accused party and informant party on account of raising volume of the loudspeaker. It is in such backdrop, case of prosecution is that, both sides were in cross terms. On 29.01.2014, accused named in the chargesheet came on two motorcycles and in backdrop of above previous quarrel, assault was made on Samadhan and Dattatraya causing them grievous injuries. PW2 informant when

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