Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 C.C. No.930/PW/2018
Presented on : 26.06.2018
Registered on : 26.06.2018
Decided on : 04.03.2021
Duration : 02 Y. 08 M. 06 D
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
12TH COURT, BANDRA, MUMBAI.
(Presided over by Jaydeo Y. Ghule)
CNR NO. MHMM180072782018
Exh.11
COURT CASE NO.930/PW/2018
The State (At the instance of
Shahunagar Police Station in
C.R. No.362/2017) ......... Prosecution
V/s.
1. Bablu Yankappa kadar,
Age – 34 years, Occ – nil,
2. Bayamma Gangappa Siram,
Age – 33 years, Occ – nil.
Both Res. at – Matunga, Mumbai. …........ Accused
Charge : Under Section 498 (A), 494, 323, 504 r/w 34 of
Indian Penal Code, 1860
Advocate of Prosecution Mr. Gaikwad,
Advocate for accused Mr. R.R. Mishra
JUDGMENT
(Delivered on 04.03.2021)
1. The accused are prosecuted for the offences punishable under
Section 498(A), 494, 323, 504 r/w 34 of Indian Penal Code, 1860.
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2. The facts in brief are as follows :
The informant Smt. Nirmala Bablu Kadar informed to the police
that she got married with accused no.1 on 13.05.2009 and thereafter,
she went to reside at her matrimonial house. From the year 2011 her
husband started quarreling, abusing her, and was demanding Rs.
5,00,000/ with gold jewelery. From the year 2015 her husband
stopped talking with her and mentally tortured on account of nonissue
to her. On 27/10/2016 on account of late returned home, he slapped
her and removed her from the house, hence she filed N.C. against him.
Her sister in law Bayamma was always instigating her husband to ill
treat her mentally and physically. On 28/04/2017 her husband in their
common meeting accepted that he remarried with one Pinky Jadhav
even though their marriage was intact. The informant reported the
incidence to the police. As per information, police registered the crime
against the accused. During investigation police reveals that when
informant was at her matrimonial house, the accused in furtherance of
their common intention demanded dowry of Rs.5,00,000/ with gold
jewelery from the informant. For the same they used to give abuses and
used to assault her. Also harassed her mentally and physically on the
count of nonissue to her. Hence, filed charge sheet U/Sec.498 (A),
494, 323, 504 r/w 34 of the Code.
3. The charge came to be framed. The contents of the offence were
read over and explained to the accused in their vernacular. The accused
pleaded not guilty and claimed to be tried.
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4. In view of the offences levelled against the accused following
points do arise for determination and my findings is against the said
point for the reasons mentioned below :
Sr.
No.
Point Finding
1 Whether the prosecution proves that the
accused in furtherance of their common
intention from the year 2011 till date at
Room No.09, Chawl No.G/27, Matunga
Labour Camp, Matunga, Mumbai, subjected
the informant Nirmala Bablu Kadar to cruelty
for their illegal demands of dowry and
thereby committed an offence punishable
U/Sec.498 (A) r/w 34 of the IPC? No.
2 Whether the prosecution proves that the
accused no.1 had a wife living, having been
validly married and that he married with
Pinky Jadhav again during the lifetime of his
first wife, the said second marriage also being
duly performed, and thereby committed an
offence punishable U/Sec.494 of the IPC?
No.
3 Whether the prosecution proves that the
accused in furtherance of their common
intention voluntarily caused hurt to the
informant, and thereby committed an offence
punishable U/Sec.323 r/w 34 of the Code? No.
4 Whether the prosecution proves that the
accused in furtherance of their common
intention intentionally insulted the
informant in filthy words and thereby
committed an offence punishable U/Sec.504
r/w 34 of the IPC? No.
5 What order ? Accused are acquitted.
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REASONS
5. To prove the guilt of accused the prosecution examined informant
Nirmala Bablu Kadar as PW 1 at Exh.10.
As to point No.1 to 4:
6. The informant examined. She deposed that her marriage was
took place with accused no.1 on 13/05/2009. After marriage she went
for cohabitation at her husband's house. Quarrel was took place on
small things between her and accused. In annoyed condition she
lodged complaint. The informant not supported the prosecution case.
The informant not deposed anything against the accused.
7. In such circumstances no incriminating evidence has come on
record against the accused. During cross examination witness admitted
that she has compromised the matter with the accused out of court.
She has no grievance against the accused. She is not interested to
proceed further against the accused. The prosecution thus failed to
establish guilt of the accused for the offences leveled against them. The
benefit of the situation has to be awarded to the accused and therefore,
I answer point no.1 to 4 in negative.
As to point no.5 :
8. The prosecution failed to prove that the accused in furtherance of
their common intention demanded dowry of Rs.5,00,000/ with gold
jewelery from the informant and for the same they used to give abuses,
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assaulted her. Also harassed her mentally and physically. It is also not
come on record that accused no.1 married with Pinky Jadhav again
during the lifetime of first wife i.e. informant. Hence, I answer point
no.1 to 4 in the negative. The prosecution failed to prove the guilt of
the accused beyond reasonable doubt. Hence, I hold that accused are
liable to be acquitted. Accordingly, I answer the point no.5 and pass the
following order :
ORDER
i. The accused no.1. Bablu Yankappa Kadar and 2. Bayamma
Gangappa Siram are acquitted as per Sec.248 (1) of the Code of
Criminal Procedure, 1973 from the offences punishable under Section
498 (A), 494, 323, 504 r/w 34 of Indian Penal Code, 1860.
ii. The bail bonds of the accused stand cancelled.
iii. Accused be complied provisions of U/Sec.437 (A) of Cr.PC.
iv. Dictated and pronounced in open court.
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 04.03.2021 12th Court, Bandra, Mumbai
mab.
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