Sushant. The quarrel escalated. Sushant lost his control. He was pacified by the witness Ashish Pokale. Sushant was taken to his house. After some time, Ashish Pokale received a phone call from Sushant’s and applicant’s mother. She told them that the applicant and his brother Sushant were coming to the flat. At about 4:00a.m. the applicant and Sushant reached that flat. They were accompanied by their friend Sagar Mistry. Sushant was still very angry. They entered the flat. There are clear averments in their statements that, even the applicant and Sagar forced their entry in the flat. Immediately thereafter Sushant broke two beer bottles and gave a below on Akshay’s throat causing bleeding injury. At that time, the applicant and Sagar assaulted Akshay with kicks and fist blows. After this assault, Sushant, present applicant and Sagar left the flat. While going, Sushant carried broken beer bottle with him. These statements were recorded on 10/07/2018. Thereafter their statements under section 164 of Cr.p.c. were recorded on 26/07/2018. In these statements, Sushant and Sanket have stuck to their stories in their statements recorded under section 161 of Cr.p.c. They have attributed role to the applicant of giving kick
