Final Order 1

Order Details: Copy of Judgment
Pdf Text: JUDGMENT 1
C.C.NO.991/PW/2018
Exh.
Received on : 09/07/2018
Decided on : 25/04/2019
Duration : 00 09 16
Y M D
CNR MHMM18007666 2018
IN THE COURT OF THE ADDL.CHIEF METROPOITAN MAGISTRATE,
9TH COURT, BANDRA, MUMBAI
JUDGMENT U/SEC. 355 OF THE CR. P. C.
(a) Serial number of the case : 991/PW/2018
(b) Date of commission of the offence. : 02/06/2018
(c) Name of the complainant, if any, : The State ( Mahim Police
Station, C.R.No. 187/18)
(d) Name of the accused person, his
parentage and residence
: 1. Shailesh Sitaram Keni
Age: 35 yrs, Occ : Fishing
R/at : 118, Mahim Nakwa
Rahiwasi Soc. Sangh, Mahim
Reti Bunder, Mahim,
Mumbai.
2. Supriya Tanoj Mahimkar
Age: 30 yrs, Occ : Service
R/at : Mahim Nakwa
Rahiwasi Soc. Sangh,
Mahim Retibunder,Mahim,
Mumbai.
3. Sitaram Laxman Keni
Age: 63 yrs, Occ : Fishing
R/at : 118, Mahim Nakwas
Rahiwasi Soc. Sangh, Mahim
Reti bunder, Mahim,
Mumbai.
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JUDGMENT 2
C.C.NO.991/PW/2018
(e) Offence complained of or proved. : U/Section 324, 323, 427 r/w
34 of IPC.
(f) Plea of the accused person and
his examination, if any
: Accused pleaded not guilty.
(g) Final order : Accused are acquitted.
(h) Date of order : 25/04/2019
ADVOCATES:
For the State : Miss M.F. Pakajade, A.P. P.
For accused : Shri. Khot.
J U D G M E N T
(Delivered on 25th April 2019)
1. Accused no.1 to 3 are prosecuted for the offence punishable
U/Sec. 324, 323, 427 r/w 34 of Indian Penal Code.
2. In support of it's case, prosecution examined two witnesses,
to wit, informant Pratibha Dinesh Ambre (P.W.1) at Exh.9 and injured
Kishni Govind Pabale (P.W.No.2) at Exh.11 and also relied on report
of informant at Exh.10.
3. I have heard both sides at length. Now, I appreciate oral and
documentary evidence available on record.
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JUDGMENT 3
C.C.NO.991/PW/2018
4 On going through ocular evidence on record, it is explicit
that informant and accused have filed criminal cases against each other
on the same day and time of the incident. This is the reason both the
parties have decided to compromise the matter. Hence, informant
Pratibha Dinesh Ambre (P.W.1) has not stated anything about the
incident. Similarly, injured Kishni Govind Pabale (P.W.No.2) denied
the incident mentioned in the report at Exh.10. Both of these material
witnesses have not stated that on the day of incident, accused
voluntarily caused hurt to them by means of Bamboo and fist blows.
Their evidence is silent on the point that accused caused wrongful loss
to the informant by damaging gold chain, therefore their evidence is
not helpful to the case of the prosecution.
5. On appreciating oral evidence on record, no incriminating
and material evidence came on record to establish the guilt of the
accused beyond all reasonable doubt. In the result, the accused are
entitled for acquittal by following order.
ORDER
i] Accused no.1 Shailesh Sitaram Keni, accused no.2 Supriya
Tanoj Mahimkar and accused no.3. Sitaram Laxman Keni are acquitted
of the offences punishable U/Secs. 324, 323, 427 r/w 34 of IPC as per
section 248 (1) of the Cr.P.C.
ii] Bail bonds of the accused persons are cancelled.
iii] The accused shall submit fresh bail bonds as per Sec.437 (A)
of Cr. P. C.
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JUDGMENT 4
C.C.NO.991/PW/2018
iv] Seized muddemal viz Bamboo being worthless be destroyed
after appeal period is over.
v] Dictated and pronounced in open court.
-sd/-
( S. K. Mungilwar )
Addl. Chief Metropolitan Magistrate,
Date : 25/04/2019 9th Court, Bandra, Mumbai.
Dictated on : 25/04/2019
Transcribed on : 25/04/2019
Signed on : 25/04/2019
ASD.
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