Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 990 PW 2017 State Vs Rajesh and anr.
CNR No.MHMM18-003615-2018
ORDER BELOW EXH.1
1. Perused record. Accused persons pleaded guilty to the offence. The
consequences pertaining to possible punishment made understand to the
accused. Despite that accused are ready to plead guilty and as such their
plea is voluntary.
2. Heard Ld. A.P.P. and accused on the point of sentence. Ld. A.P.P.
submitted and prayed for severe punishment. Against it, Ld. Advocate for the
accused made submissions that the accused not deliberately committed the act.
They are from good and respectable family. There are dependents on them.
Offence is not much serious. It is contended that accused caused injuries by
wooden bamboo. Matter is very old and accused persons are in financial
constraints and in view of these facts and circumstances, if substantive sentence
awarded, accused will suffer irreparable loss.
3. There appears substance in the submissions of Ld. Advocate for the
accused pertaining to the claim of leniency. If all these aspects and submissions
of Ld. A.P.P. collectively considered, I am of the opinion that rather than
awarding substantive sentence, the sen324,504,506, 34 C. C. No.1426 PW
2013 State Vs Nagesh and ors. Multiple dtd. 12.11.2024 .doctence of fine will
serve the cause of justice. Therefore, following order -
ORDER
a. The accused are convicted under Section 241 of the Code of Criminal
Procedure for offence punishable under Section 324 r/w.34 of Indian Penal
Code and each of the accused is sentenced to pay the fine of Rs.500/-. In
default each of the accused shall suffer simple imprisonment for a period of one
week for whole amount.
b. Copy of this order shall be given free of costs to the accused.
c. The property, if any, shall be disposed off after appeal period.
MUMBAI (KOMALSING RAJPUT)
DATE – 26.03.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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