Final Order 1

Order Details: Copy  of Judgment
Pdf Text: JUDGMENT 1 C.C.NO.75/PW/2018
MHMM190001512018
Received on : 05.01.2018
Registered on : 05.01.2018
Decided on : 10.07.2023
Duration : 05Ys. 06M. 05Ds.
Exh. : 12
IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
(JUDGMENT U/SEC. 355 OF CRIMINAL PROCEDURE CODE)
(a) The serial number of the
case;
: 75/PW/2018
(b) The date of commission of
the offence;
: 21.12.2016
(c) The name of informant
(if any);
: The State (M.I.D.C. Police Station
in C. R. No.607/2016).
(d) The names of the accused
persons, their parentage
and residence;
: 1)
2)
Raju Sukhdev Saroj
Age : 36 years
Occupation : Service
R/at: Sai Dalit Seva Sangh,
Lane No.7, Subhash Nagar
No.2, M.I.D.C., Andheri(E),
Mumbai.
Atul Ashok Singh
Age : 36 years
Occupation : Service
R/at : Room No.19,
Saibaba Nagar, B.M.C.
Colony, M.I.D.C.,
Andheri(E), Mumbai.
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JUDGMENT 2 C.C.NO.75/PW/2018
3)
4)
5)
Vishal Jaywant Nichite
Age : 36 years
Occupation : Service
R/at : Room No. 2/3,
Ramlakhan Chawl,
Mulgaon Dongri,
Andheri(E), Mumbai.
Ganesh Ramchandra Binge
Age : 31 years
Occupation : Service
R/at : Ganga Chawl Seva
Committee, Subhash Nagar
No.2, M.I.D.C.,
Andheri(E), Mumbai.
Manoj Manohar Surve
Age : 42 years,
Occupation : Service
R/at : Room No.6,
Baba Bhaiyya Chawl,
Mulgaon Dongri,
Andheri(E), Mumbai.
e) The offences complained
of or proved ;
: Under Sections 143, 147, 324 r/w
149 of the Indian Penal Code
(f) The plea of the accused
and examination (if any);
: Accused pleaded not guilty and
claimed to be tried.
(g) The final order; : Accused are acquitted.
(h) The date of such order; : 10.07.2023.
APPEARANCE :
Ld. A.P.P. Shri. S. M. Bagale for State.
Ld. Advocate Mr. Harish Shetty for the accused
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JUDGMENT 3 C.C.NO.75/PW/2018
J U D G M E N T
(Delivered on 10.07.2023)
1. The above named accused person stands charged for
having committed an offence punishable under Sections 143, 147, 324
r/w 149 of the Indian Penal Code, 1860 (for the sake of brevity
hereinafter referred to as 'I.P.C.').
2. Facts germane to the prosecution case is abridged
thus :
That on 20.12.2016 informant had been to B.M.C. office to
raise issue regarding unauthorised custody of B.M.C. godown situated
behind Jeevanjyot office of Murji Patel, by Jeevanjyot Pratishthan.
Thereafter, Shri. Sankhe, Inspector of B.M.C. market told him that he
would visit on 21.12.2016 at C.T.S. No.15 A, Road No.23, M.I.D.C.
B.M.C. market, Andheri(E), Mumbai for inspection of spot and asked
him to remain present there at the relevant time.
Thereafter, on 21.12.2016 after receiving phone call from
said Inspector he went to the spot along with his friend Ravi Singh.
While they were busy in discussion, accused persons came over there.
Accused Vishal slapped informant, and assaulted Ravi. Then they took
informant and Ravi on the road opposite to Murji Patel's office, where
accused Atul Singh assaulted them by fisticuffs & kicks blows and
slashed with belt too. Accused Ganesh Bhinge assaulted Ravi Singh.
Accused Vishal & Manoj Surve too assaulted informant. Then informant
called on 100 number from his mobile. Nevertheless, the accused
persons continued assaulting informant. The people gathered there and
pacified the assailants. Thereafter, informant and his friend went to
Cooper Hospital for treatment. Consequently, the informant lodged
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JUDGMENT 4 C.C.NO.75/PW/2018
report in respect of the aforesaid incident with M.I.D.C. police station.
On the basis of report C.R. No. 607/2016 was registered under sections
143, 147, 324 r/w 149 of IPC against the accused persons.
Investigation of the case was carried out by P.I. Shri. Milind Bhosale.
After investigation he found sufficient evidence against the accused,
hence forwarded chargesheet under supra sections.
3. Charges were framed against accused persons on
09.03.2023. They pleaded not guilty and claimed to be tried. In view of
above rival facts following points arose for my determination and I
record my findings thereon with reasons thereof :
Sr. No. Points Findings
1] Does the prosecution prove that, on above
date, time and place accused were
member of an unlawful assembly, the
common object of which was to cause
hurt to informant namely Sanjeevkumar
Kalkori and thereby committed an offence
punishable under Section 143 of I.P.C ? In the negative.
2] Does the prosecution prove that, on above
date, time and place accused were
member of an unlawful assembly, and in
prosecution of the common object of such
assembly, committed the offence of
rioting, and thereby committed an offence
punishable under section 147 of the IPC? In the negative.
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JUDGMENT 5 C.C.NO.75/PW/2018
3] Does the prosecution prove that, on above
date, time and place accused were
member of an unlawful assembly, and in
prosecution of the common object of such
assembly, voluntarily caused hurt to
informant by hands, legs and by means of
belt and thereby committed an offence
punishable under section 324 r/w 149 of
the IPC? In the negative.
4] What order ? As per final order.
R E A S O N S
4. Prosecution in the instant case has examined two
witnesses, whereas the defence did not examine any witness in support
of his defence. Prosecution examined informant Sanjeevkumar Kalkori
as PW No.1 vide Exh08 and other injured PW No.2 Ravikumar Singh
vide Exh10. Heard both sides.
AS TO POINT NOs. 1 to 3 :
5. PW No.1 informantcuminjured testified vide Exh8 that he
know all the accused. Further he testified that in December 2016 while
he was strolling along with his friends. Near his house, public gathered
and suddenly stampede took place, he ran and sustained injury on his
back. He did't know how he was injured. He was hospitalized for
medication. He also didn't know the contents of FIR.
6. PW No.2 another injured, Ravikumar testified vide Exh10
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JUDGMENT 6 C.C.NO.75/PW/2018
that he know accused No.1 and he is not acquainted with other accused.
He further testified that while he was roaming near office, suddenly
fight took place and they ran from the place. He further testified that
he sustained injury on his cheek, he doesn't know who hit him , he was
hospitalized. Further he testified that he doesn't remember whether
police recorded his statement.
7. These witnesses are key witnesses as they are injured.
However, both of them completely turned hostile. Being there nothing
incriminating against accused persons, prosecution failed to prove the
charge. Accordingly, I answer point Nos.1 to 3 in the negative.
AS TO POINT NO.4 :
8. Since the point Nos. 1 to 3 are determined in the
negative, I am of the opinion that, the prosecution has failed to
prove its case beyond reasonable doubt and the accused persons are
liable to be acquitted. Hence, the following order:
O R D E R
1. Accused No. 1) Raju Sukhdev Saroj, age : 36 years, r/at: Sai
Dalit Seva Sangh, Lane No.7, Subhash Nagar No.2, M.I.D.C.,
Andheri(E), Mumbai.; 2) Atul Ashok Singh, age : 36 years, r/at :
Room No.19, Saibaba Nagar, B.M.C. Colony, M.I.D.C.,
Andheri(E), Mumbai.; 3) Vishal Jaywant Nichite, age : 36 years,
r/at : Room No. 2/3, Ramlakhan Chawl, Mulgaon Dongri,
Andheri(E), Mumbai.; 4) Ganesh Ramchandra Binge, age : 31
years , r/at : Ganga Chawl Seva Committee, Subhash Nagar No.2,
M.I.D.C., Andheri(E), Mumbai. and 5) Manoj Manohar Surve,
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JUDGMENT 7 C.C.NO.75/PW/2018
age : 42 years, r/at : Room No.6, Baba Bhaiyya Chawl, Mulgaon
Dongri, Andheri(E), Mumbai are hereby acquitted vide Section
248(1) of Cr.P.C. for the offence punishable under Sections 143,
147, 324 r/w 149 of I.P.C.
2. The earlier P.R. bonds of accused stand cancelled.
3. The accused to furnish P.R. of Rs.5,000/ each in compliance to
section 437(A) of Cr.P.C.
4. The seized property, i.e. belt be destroyed after appeal period is over.
(Judgment dictated on dais and pronounced in open court).
Date.: 10.07.2023
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate
22nd Court, Andheri, Mumbai
csj
Typed on : 10.07.2023
Signed on : 13.07.2023
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