Final Order 1

Order Details: Copy of Judgment
Pdf Text: JUDGMENT 1
C.C.NO.993/PW/2018
Exh.
Received on : 09/07/2018
Decided on : 25/04/2019
Duration : 00 09 16
Y M D
CNR MHMM18007686 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 : 993/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. 186/18)
(d) Name of the accused person, his
parentage and residence
: 1. Pratibha Dinesh Ambre
Age: 34 yrs, Occ :
Housewife
R/at : 62, Nakwa Sangh
Society, Mahim (W),
Mumbai.
2. Subramanyam @ Raja
Ramswami
Age: 40 yrs, Occ :
Constructions
R/at :Room NO.65, Nakwa
Sangh Society, Mahim(W),
Mumbai.
3. Kisani Pabale
Age: 60 yrs, Occ : House
wife
R/at : Room no.65, Nakwa
Sangh Society, Mahim(W),
Mumbai.
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JUDGMENT 2
C.C.NO.993/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. Patil.
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 Aruna Sunil Meher (P.W.1) at Exh.9 and injured
Shailesh Sitaram Keni (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.993/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
Aruna Sunil Meher (P.W.1) has not stated anything about the incident.
Similarly, injured Shailesh Sitaram Keni (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 pelting stones on their person and by fist blows. Their
evidence is silent on the point that accused caused wrongful loss of
gold chain and wrist watch belonging to witnesses. 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 Pratibha Dinesh Ambre accused no.2
Subramanyam @ Raja Ramswami and accused no.3 Kisani Pabale 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.993/PW/2018
iv] Seized muddemal viz stone 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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