Final Order 1

Order Details: Copy of Judgment
Pdf Text: Presented on : 24.07.2017
Registered On : 24.07.2017
Decided on : 07.06.2019
Duration : 01Y 11M 14D
IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
( Presided over by Smt. Pragati B. Yerlekar )
Exh.P13
Particulars of offence:
A. The serial number of the
case
: C.C. No.2744/PS/2017
B. The date of commission of
the offence
: 27.02.2016
C. The name of the
complainant (if any)
: State of Maharashtra through
Santacruz Police Station.
D. The name of the accused
person, and his parentage
and residence
: 1) Bahuddin Vaijuddin Shaikh
Age : 41 years, Occ.: Service.
R/o. Manshanti Building,
D.L.Vaidya Road, Dadar(W),
Mumbai.
2) Rakesh Santosh Dichawalkar
Age : 24 years, Occ.: Service.
3) Vishal Anant More
Age : 22 years, Occ.: Service.
Accused No.2 & 3 R/o.Room
No.303, Sai Sakar Apartment,
Achurli Road, Nalasopara(E),
Dist. Thane.
4) Kishor Digamber Mithbavkar
Age : 51 years, Occ.: Business
R/o.2301, Om Sai Tower, in
front of Kamala city, Lower
Parel, Mumbai.
E. The offences complained
of or proved
: u/sec. 304A of the I.P.C.
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F. The plea of the accused
and his examination
(if any)
: The accused pleaded not guilty.
G. The final order : The accused are acquitted.
H. The date of such order : 07/06/2019
For the prosecution : A. P. P. Nandgiri.
For the accused : Adv. Prakash Jain
J U D G M E N T
( Delivered on 07/06/2019 )
The accused are facing trial for the offence punishable
u/sec. 304A of the I.P.C.
2. The prosecution examined Manjunath Shinde (PW1) and
Prema Shinde (PW2) . The prosecution relied on FIR at Exh.P9 .
3. PW1 is the first informant. He is brother of the deceased
and PW2 is wife of the deceased. The deceased and PW1 used to
work with accused No.4. The evidence of both the witnesses reveals
that they had not witnessed the incident. PW1 denied that his brother
died as he fell down from third floor for want of safety measures. On
the contrary he stated that all the safety measures were provided to
them at the place of work. It does not appear from their evidence that
the alleged incident took place due to negligence of the accused.
Except these two witnesses no other witnesses are examined by the
prosecution. From the evidence of PW1 and PW2 the conclusion of
guilt of the accused can not be drawn. On the other hand, both these
witnesses stated that they do not wish to proceed with the case and
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filed pursis at Exh.P10 to that effect. It shows that they do not have any
interest in proceeding with the case. The prosecution did not explain
the role of accused No.1 to 3 in the alleged incident. There is no
incriminating evidence against the accused. Therefore, the accused are
entitled to be acquitted. In the result, following order is passed.
O R D E R
1. Accused Bahuddin Vaijuddin Shaikh, Rakesh Santosh
Dichawalkar, Vishal Anant More and Kishor, Digamber
Mithbavkar are acquitted of the offence punishable u/sec.
304A of the I.P.C. vide section 255(1) of the Code of
Criminal Procedure.
2. The bail bonds of the accused are continued in view of
section 437A of Criminal Procedure Code for the period of
six months. In case, no appeal is filed within said period,
the bonds shall stand cancelled and the surety shall stand
discharged.
(pronounced in open court)
sd/
( Pragati B. Yerlekar )
Bandra, Mumbai. Metropolitan Magistrate,
Date : 07/06/2019 71st Court, Bandra, Mumbai.
ard/
Dictated on : 07062019
Transcribed on : 07062019
Signed on : 07062019
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