Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO. 1838/PS/2023
C. R. No. 391/2022 of Vakola P. Stn.
1. Name of Accused 1
2
:-
:-
Kiran Harish Khuman.
Santosh Savda Dokre.
2. Offence complained :- P.U.S.279, 336 of I.P.C. & Sec. 184 of
M.V. Act.
3. Particulars of Offence :- That on 29/04/2022, in between
10.45 to 12.30 hours, Vakola Junction, under Bridge, Nehru
Road, Vakola, Santacruz (E), Mumbai, you both accused were
found driving vehicle i.e. motor vehicles bearing registration
No.MH-01-CB-3335 and MH-02-FS-1230 respectively so rashly
or negligently as to endanger human life or to be likely to cause
hurt or injury to any person and thereby committed an offence
punishable under section 279 of I.P.C. and within my
cognizance.
Secondly, That, you both on above date, time and place drove
above mentioned vehicles, as to endanger human life and
thereby committed an offence punishable under section 336
Indian Penal Code and within my cognizance.
Thirdly, on above mentioned date, time and place you both
accused, drove your above mentioned vehicles at speed or in
manner which is dangerous to the public or which causes sense
of alarm to other road users and thereby committed an offence
punishable under section 184 of the Motor Vehicles Act and
within my cognizance.
-- 1 of 3 --
...2...
Plea of Accused No.1 and No.2:
Q.1: Have you received copy of Charge-sheet ?
Ans: Accused No.1. Yes. Accused No.2. Yes.
Q.2: Have you heard & understood the Charge now read over &
explained to you ?
Ans : Accused No.1. Yes. Accused No.2. Yes.
Q.3: Do you plea guilty ?
Ans : Accused No.1. Yes. Accused No.2. Yes.
Signature Before me,
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Date : 20/11/2023.
------------
Accused No.2
------------
Accused No.1
JUDGMENT
1. Both accused are alleged to have committed offence PUS.
279, 336 of I.P.C. and 184 of M. V. Act. Both accused has pleaded guilty
voluntarily when the consequences of pleading guilty were explained to
them. Thus, both accused will have to be convicted.
2. The Ld. APP argued for maximum punishment. However,
there is no evidence of the previous conviction of both accused under
the said sections available on record.
3. Heard both accused on the point of sentence. They stated
that, they are only earning members in their family. Their economic
condition is not sound. Their family is totally dependent on them. They
further stated that, it is their first offence and they assured that, they
will not commit any offence in future.
4. Considering the plea of both accused, following order is
passed.
-- 2 of 3 --
...3...
C. C. NO. 1838/PS/2023
C. R. No. 391/2022 of Vakola P. Stn.
ORDER
1) Accused No.1 and No.2 are hereby convicted under
Sec. 252 for the offence PUS. 279 of Indian Penal
Code and are sentenced to pay fine of R.1,000/- (One
Thousand) each and in default of payment of fine
both accused are sentenced to suffer Simple
Imprisonment for Five (05) days each.
2) Accused No.1 and No.2 are hereby convicted under
Sec. 252 for the offence PUS. 336 of Indian Penal
Code and are sentenced to pay fine of R.250/- (Two
Hundred and Fifty) each and in-default of payment of
fine both accused are sentenced to suffer Simple
Imprisonment for One (01) day each.
3) Accused No.1 and No.2 are hereby convicted under
Sec. 252 for the offence PUS. 184 of M. V. Act and
are sentenced to pay fine of R.1,000/- (One
Thousand) each and in-default of payment of fine
both accused are sentenced to suffer Simple
Imprisonment for Five (05) days each.
4) All sentences to run consecutively to both accused.
5) Seized property if any be returned to its lawful
owner, as per rule.
6) Proceeding closed. Case papers be filed.
Place : Mumbai.
Date : 20/11/2023.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
-- 3 of 3 --