Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 11 PW 2023 State Vs Sameer
CNR No.MHMM18-000052-2023
ORDER BELOW EXH.1
1. On 20.02.2023, the accused appeared before jail court at M.C.P.
Arthur Road, Mumbai. The accused pleaded guilty to the offence.
2. He is totally made aware of the consequences of the pleading guilty
to the offence. Despite that he is ready to plead guilty. His plea is
voluntary.
3. It is the prosecution case that accused attempted assault on the
tenant of the informant Mr. Javed Abdul Karim Qureshi. When informant
intervened and attempted to save himself suffered a blow with a wooden
stick on his forehand and damaged certain house articles. Heard Ld.
Advocate on the point of sentence. It is submitted that no offence
punishable under Section 326 of Indian Penal Code, made out, besides
other grounds for leniency including poverty and dependency. The record
reflects that the injury caused is fractured of ulna bone, with the wooden
stick of length of 2 feet. Therefore, though injury can be said to be
grievous, it can be said to be caused with dangerous weapon. Therefore,
offence made out is an offence punishable under Section 324 of Indian
Penal Code, and not an offence punishable under Section 326 of Indian
Penal Code, besides other offences.
4. It is also clear that accused is poor and there are dependents on
him. He is in custody since 02.12.2022. Considering grounds for leniency,
the offence transpired and the period undergone by the accused, I am of
the opinion that following sentence will serve the cause of justice, hence
following order:
ORDER
A. Accused is convicted under Section 241 of the Code of Criminal
Procedure, for an offence punishable under Sections 323, 324, 427, 504
and 506 of Indian Penal Code and Section 142 of Maharashtra Police Act.
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C. C. No. 11 PW 2023 State Vs Sameer
CNR No.MHMM18-000052-2023
B. Accused is sentenced to suffer rigorous imprisonment of three
months for offence punishable under Section 324 and 506 of Indian Penal
Code.
C. Accused is sentenced to suffer simple imprisonment of one month
for each of the remaining offence punishable under Sections 323, 427 and
504 of Indian Penal Code and Section 142 of Maharashtra Police Act.
D. All these sentences shall run concurrently.
E. Accused is entitled to set off as per Section 428 of the Code of
Criminal Procedure. As accused is in jail since 02.12.2022, the major part
of punishment has already been undergone by him and shall be released
after undergoing punishment as ordered, if not required in any other
offence.
F. Accused is acquitted of an offence punishable under Section 326 of
Indian Penal Code.
G. Property seized being worthless shall be destroyed after appeal
period.
H. Copy of this order to be given free of cost to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 21.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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