SATISH CHANDRAKANT DIXIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(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 :

(3.) Mr.Mohite, learned counsel for appellants made a fervent effort to persuade this court that in any case, the fact situation established by the prosecution, even if taken as it is, does not warrant a finding of offence of murder of the deceased (Shashikant Vilas Kore). At best, it is a case of culpable homicide not amounting to murder covered by Exception under Section 300 of the IPC and thus punishable under second part of Section 304 of the IPC. The learned counsel also placed reliance on following judgments :