Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO. 4090/PS/2023
C. R. No. 545/2023 of BKC P. Stn.
1. Name of Accused 1
2
:-
:-
Surendra Chunni Yadav.
Vinod Dhondiram Rasal.
2. Offence complained :- P.U.S.279, 336 of I.P.C. & Sec. 184 of
M.V. Act.
3. Particulars of Offence :- That on 29/09/2023, at about 00.10
hours, NSC Junction, BKC, Bandar (E), Mumbai, you both
accused were found driving vehicle i.e. motor vehicles bearing
registration No.MH-48-BM-6048 and MH-02-CE-4282,
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.
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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.
------------
Accused No.2
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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.
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C. C. NO. 4090/PS/2023
C. R. No. 545/2023 of BKC 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 : 07/10/2023.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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