Final Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 459 PW 2023 State Vs Abdul
CNR No.MHMM18-001436-2023
ORDER BELOW EXH.1
1. On 24.08.2023, the accused appeared before jail court at M.C.P.
Arthur Road, Mumbai. He filed pursis, Exh.5 and pleaded guilty to the
offence by filing separate pursis, Exh.6.
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 case of prosecution that informant and accused are residing
in the same locality and there are disputes going on between them. On
05.12.2022, in the morning accused again came with sharp edged weapon
i.e. scythe (dks;rk) and started abusing informant. When informant left for
office accused assaulted him with the said weapon and caused various
injuries. Then he fled from there and informant was admitted in the
hospital.
4. Heard Ld. Advocate for the accused on the point of sentence today.
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. Ld. A.P.P. submitted that offence is serious and
severe punishment shall be awarded. Accused is having criminal
antecedents and no leniency shall be shown.
5. If we go through the record. It reflects that accused caused puncture
wound over left forearm and other injuries i.e. abrasion and swelling over
both the forearms. It is mentioned in the First Information Report that
accused caused fracture. But no such evidence produced on record with
charge sheet. The weapon used is scythe. Injury certificate mentions that
all injuries were grievous injuries, but there is no evidence on record to
that effect. The weapon can be said to be a dangerous weapon, but
injuries caused are simple injuries.
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C. C. No. 459 PW 2023 State Vs Abdul
CNR No.MHMM18-001436-2023
6. It means simple injuries 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.
7. So far as punishment is concerned, it is not in dispute that accused
is having criminal antecedents. The weapon used is also dangerous. The
record also reflects that accused is poor and as submitted there are
dependents on him. He is in custody since 08.12.2022. The balance needs
to be maintained between both the aspects to serve the ends of justice.
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 324, 504 and 506 of
Indian Penal Code and Section 142 of Maharashtra Police Act.
B. Accused is sentenced to suffer rigorous imprisonment of one year
for offence punishable under Section 324 of Indian Penal Code.
C. Accused is sentenced to suffer rigorous imprisonment for three
months, for each of the offences punishable under Sections 504 and 506
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 08.12.2022, 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.
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C. C. No. 459 PW 2023 State Vs Abdul
CNR No.MHMM18-001436-2023
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 – 25.08.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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