Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
C. C. NO. 4450/PS/2023
C. R. No. 918/2023 of Santacruz P. Stn.
1. Name of Accused : Rajesh Hanumantha Kurba.
2. Offence complained : P.U.S.279, 336 of I.P.C.
3. Particulars of Offence : That on 14/10/2023, at about 23.30
Hours, Milan Subway, Milan Junction Chowk, Santacruz (W),
Mumbai, you accused were found driving vehicle i.e. motor cycle
bearing registration No.MH02FM5521, 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 accused on above date, time and place
drove above mentioned vehicle, as to endanger human life and
thereby committed an offence punishable under section 336
Indian Penal Code and within my cognizance.
Plea of Accused :
Q.1: Have you received copy of Chargesheet ?
Ans: Yes.
Q.2: Have you heard & understood the Charge now read over &
explained to you ?
Ans : Yes.
Q.3: Do you plea guilty ?
Ans : Yes.
Signature of Accused
Before me,
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Date: 17/10/2023.
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JUDGMENT
1. The accused is alleged to have committed offence PUS.
279, 336 of I.P.C. The accused has pleaded guilty voluntarily when the
consequences of pleading guilty were explained to him. Thus, the
accused will have to be convicted.
2. The Ld. APP argued for maximum punishment. However,
there is no evidence of the previous conviction of the accused under the
said Sections available on record.
3. Heard the accused on the point of sentence. He stated that,
he is only earning member in his family. His economic condition is not
sound. His family is totally dependent on him. He further stated that, it
is his first offence and he assured that, he will not commit any offence
in future.
4. Considering the plea of the accused, following order is
passed.
ORDER
1) The accused is 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)
and in default of payment of fine the accused is
sentenced to suffer Simple Imprisonment for Five
(05) days.
2) The accused is hereby convicted under Sec. 252 for
the offence PUS. 336 of Indian Penal Code and is
sentenced to pay fine of R.250/ ( Two Hundred and
Fifty) and indefault of payment of fine the accused is
sentenced to suffer Simple Imprisonment for One
(01) day.
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C. C. NO. 4450/PS/2023
C. R. No. 918/2023 of Santacruz P. Stn.
3) Both sentences to run consecutively.
4) Seized property if any be returned to its lawful
owner, as per rule.
5) Proceeding closed. Case papers be filed.
Place : Mumbai.
Date : 17/10/2023.
SRD.
Sd/
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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