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BOMBAY HIGH COURT
XYZ, J
Shailesh alias Shailendra – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. incident details of cricket match leading to altercation. (Para 1 , 2 , 3) |
| 2. medical evidence on the injury leading to death. (Para 4 , 5 , 12) |
| 3. argument regarding private defense and its implications. (Para 9 , 15) |
| 4. court's analysis of intention and knowledge in culpability. (Para 14 , 16) |
| 5. final decision on conviction and sentencing. (Para 17) |
1. Play game in the spirit of game. So said Nehru. But when the spirit is lost in the game, even life is lost. This is what happened in the present case, when the friendly game of cricket became deadly game. Uday who was umpire in the friendly cricket match between Jai Bajrang v. Jai Bharat, and lost his life.
2. The accused appellant Shailesh alias Shailendra was put up for trial in Sessions Case No. 165 of 1988 (State of Maharashtra v. Shailesh alias Shailendra) for an offence punishable under S.302 of the IPC for having committed the murder of Uday on 27-12-1987 during the cricket match played between the two teams, namely, Jai Bajrang and Jai Bharat. The Additional Sessions Judge, Nagpur vide his judgment dated 30-1-1991 in the said Sessions Case though acquitted the accused - appellant for the offence under S.302 of
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