Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C.NO.2200068/PW/2019
Filed on : 04012019
Registered on : 04012019
Decided on : 10102019
Duration : 00Y, 09M, 06D
Exh. : 07
IN THE COURT OF THE ADDIL. CHIEF METROPOLITAN MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
(Presided Over by S. N. SALVE)
Judgment Under Section 355 of the Code of
Criminal Procedure
(a) The serial & CNR No. of
the case;
: C. C. No. 2200068/PW/2019
CNRNo.MHMM190002722019
(b) The date of commission of
the offence;
: 18062018
(c) The name of the
complainant
(if any);
: The State of Maharashtra
(At the instance of Sahar Police
Station in Crime No. 190/2018)
(d) The name of the accused
person and his parentage
and residence;
: 1)
2)
3)
Miran Jafar Khan
Age : 26 years
Occupation : Service
Jafar Bashir Khan
Age : 50 years
Occupation : Business
Accused Nos. 1 & 2 are r/at :
Samsuddin Chawl, Room
No.304, Kajuwadi, Near
Sadbhavana Complex,
Chakala, Andheri (East),
Mumbai.
Raisa Shakil Khan
Age : 46 years
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Occupation : Business
R/at : Nanit Chawl, Room
No.1, Road1, Sahar Village,
Andheri (East), Mumbai.
(e) The offence complained
of or proved;
: Under Sections 323, 324, 504 r/w
Section 34 of the Indian Penal
Code
(f) The plea of the accused
and
his 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; : 10102019.
Appearance: APP Mrs. N. R. Pasarkar for the State.
Advocate Smt. Gundal for accused.
J U D G M E N T
(Delivered on 10102019 )
The accused stand prosecuted for the offences punishable
under Sections 323, 324, 504 r/w Section 34 of the Indian Penal Code
(For short, the I.P.C.).
2. The prosecution case, in a nutshell, is that on 18062018
at around 12.00 hrs. at Nanit Chawl, Room No.1, Road1, Sahar Village,
Andheri (East), Mumbai some dispute occurred between the accused
persons and informant and therefore accused persons intentionally
insulted the informant, voluntarily caused hurt to him by fist blows and
also assaulted him by stone over his head. Therefore, the informant
lodged report with Sahar Police Station alleging therein that, accused
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intentionally insulted him, voluntarily caused hurt to him by hands and
by means of stone.
3. On the basis of aforesaid F.I.R., Crime No. 190/2018 under
Sections 323, 324, 504 of the I.P.C. was registered against the accused.
The investigation of the crime was carried out by P.S.I. Smt. Kavita
Naik. During the investigation she seized a stone under panchnama
and after completion of due investigation she submitted chargesheet
against the accused for the offence punishable under Sections 323, 324
& 504 r/w Section 34 of the I.P.C.
4. I framed charge (Exh2) against the accused for the offence
punishable under Sections 323, 324 & 504 r/w Section 34 of the I.P.C..
It was read over and explained to him to which he pleaded his
innocence and claimed to be tried. The statement of accused under
Section 313 of the Code of Criminal Procedure is not recorded as there
is no incriminating evidence against them.
5. The points for determination along with my findings with
reasons thereon are as follows :
Sr.
No
Points Findings
1 Whether the prosecution proves that
accused voluntarily caused hurt to
informant by hands ? : No.
2 Whether the prosecution proves that
accused voluntarily caused hurt to
informant by means of stone ? : No.
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3 Whether the prosecution proves that
accused intentionally insulted informant? : No.
4 What order ? : Accused is
acquitted.
R E A S O N S
6. In order to bring home the guilt of the accused, the
prosecution has examined only the informant viz. Stiphen Joseph
Marwana (PW 1) at Exh.05.
: Point Nos. 1 to 3 :
7. All the points are dealt with simultaneously so as to avoid
repetition of discussion of evidence which is common for them.
8. Stiphen Joseph Marwana (PW 1) being the victim of the
crime is a star witness of the prosecution. Unfortunately, he has not
supported to the case of the prosecution. He deposed that, he does not
know who beat him and he does not know their names.
9. As the informant Stiphen Joseph Marwana (PW 1) himself
has not supported, rest of the witnesses have not been examined.
Under these circumstances, examining remaining witnesses would have
be futile exercise. Therefore, the evidence of prosecution came to be
closed.
10. There is no iota of evidence against the accused voluntarily
caused simple hurt and also caused hurt by means of stone to the
informant and intentionally insulted him. I, therefore, hold that
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prosecution has not been able to establish the guilt of the accused.
Consequently, I answer point Nos.1 to 3 in the negative.
: Point No. 4 :
11. In view of my negative findings as to point Nos. 1 to 3
accused are entitled for acquittal.
12. In the result, following order is passed.
O R D E R
(i) Accused are acquitted of the offence punishable under 323,
324, 504 r/w Section 34 of the Indian Penal Code under
section 248 (i) of Cr.P.C.
(ii) Bail bonds of the accused stands cancelled.
(iii) They shall furnish P.R. and S.B. of Rs.15,000/ (Rs. Fifteen
Thousand Only) each as per Section 437 (A) of the Code of
Criminal Procedure for the period of six months.
(iv) The seized muddemal property i.e. stone be destroyed after
appeal period is over.
Date : 10102019
(S. N. Salve)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
*csj
Dictated on : 10102019
Typed on : 10102019
signed on : 10102019
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